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2� 17� 1755
<br /> C3EED DF TRUST
<br /> ��ontinued� Page �
<br /> any laws naw or hereafter in for�e; notwithstanding, some or all vf su�h indebtedness and �bligations secured by
<br /> this Deed of Trust may now or herea�ter be a�herwise secured, whether by m�rtgage, deed �f�rus�, pledge, fien,
<br /> assi�nmen� or o�herwise. N�ither the acceptance vf this Deed of Trust nar its enforc�ement, whether by court
<br /> act��n or pursuan��o the power a�sa�e ❑r ather powers contained in this Deed of Trus�, shal� prejudice or in any
<br /> manner af�ect Trustee's vr Lender's right fi� reaii�e upvn or enforce any other security nvw or hereaf�er held by
<br /> Trus�ee or Lender, i�being agreed that Trustee and Lender, and eaGh vf them, shall be entit�ed to en#vrce�his Deed
<br /> �f Trust and any other security now or hereafter held hy Lender vr Tru�tee in such orcer and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reser��d ta Tru��ee ar
<br /> Lend�r, is intended to be �x�lusi�e of any other remedy in this Deed of Trus��r hy law pro��ded or permitted, but
<br /> each sha�l be cumula�i�e and shal[ b� in addition tn e�ery o�h�r remedy gi�en in #his Deed o� Trust or now �r
<br /> hereafter existing at law or in equity or by statute. E�ery power or remedy gi�en by th� Nate�r any of�he Relat�d
<br /> Documents to Trustee or Lend�r or to wh�ch e�ther of them may be o�herwise en�it�ed, may �e exercised,
<br /> conCurrently or independently, from �ime to time and as �ften as may be deerr�ed expecient by Trustee or Lender,
<br /> and either o� fihem may pursue inconsistent remedies. Nothing in �his Deed of Tr�.st shall be cons�rued as
<br /> prvhibit�ng Lender from se�king a def�ciency�udgment against the Trustor tv the�xtent�uch action is permi�ted by
<br /> �a►nr. Elect�an by Lender �o pursue any remedy shall not exclude pursuit o� any a�her rr�medy, and an elec�ian to
<br /> make expenditures or t❑ �ake ac�ion to perform an ob�igation o� Trustor under this Dee�� of Trust, a�ter Trustvr's
<br /> failure�o perform, shall not affec�Lender's right to dec[are a de�ault and exercise its remedies,
<br /> Request fivr Notice. Trustor, on behalf of Trustor and Lender, hereby requests�hat a�o�y a�any Notice of De�au�t
<br /> and a �opy �f any Notice �f 5ale under this Deed of Trust be mail�d to them at the add�-�sses se�forth in the ��rst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. I� L�nder institutes any suit ar action to enforce any of �he te�ms ❑� this Deed of
<br /> Trust, Lender shall be entitled to reco�er such sum as fihe �vurt may adjudge reasonable as attorneys' fees at trial
<br /> and �pan any appeal. Whe�her or not any court action is in�vl�ed, and ta �he exrent nvt proh��ited by law, all
<br /> reasonabfe expenses Lender in�urs that �n Lend�r's vpinian are necessa�y at any time �or �the protection of i�ts
<br /> interes�or the enfor�ement�fi its rights shall become a part of the lndebtedness payable on demand and shal� bear
<br /> interest at the Note rate�rvm th� date❑f�he expenditure unti[ repaid, Expenses co�ered by�his paragraph inc�ude,
<br /> w�thout limi�ation, howe�er subje�t ta any fimi�s under applicabfe law, L�nder's attarn�ys' fees and Lender's legal
<br /> expenses, whe�her or not there is a lawsuit, including a��orneys' fees and expens�s �cr bankrup�cy proceedings
<br /> �incfuding���o�ts�o modify or�acate any automati�s�kay or injun�tion}, appeals, and any anticipated post-judgment
<br /> �ollectian ser�ices, the cos� vf searching records, o�ta+ning title �epor�s �in�luding fore��vsure repo�ts3, sur�eyvrs'
<br /> repvr�s, and appra�sai fees, title insurance, and fees for �h� Trustee, tv the extent pe�mitt�d by app�icable �aw.
<br /> 7rustar also will pay any �ourt casts, in addition�o all other sums pro�id�d by law.
<br /> Rights of Trustee. Trus�tee sha[f ha�e a�l o#the righ�s and duties of Lender as s�t forth in th�s sectivn.
<br /> P�VIIERS AND �BLIGATI�NS �F TRUSTEE. The fo��owing pro�isions relating to the powers �nd a��igations of Trustee
<br /> are par�o�f this �eed❑#Trust:
<br /> Pvwers of Trust�e. In additifln�❑ all pvwers flfi Trustee ar�sing as a ma�ter o�faw, Trust�e shalf ha�e the pawer to
<br /> take the following actions with respect ta the Property upon the wr�tten request a� Lend�r and Trust�r: �a3 join in
<br /> prepar�ng and filing a map or plat of �he Real Praper�y, including the dedication o# stre�ts vr o�her rights to the
<br /> pubfic; �b} join in granting any easemenf or c�eating any res�ric�ion on the Reaf Prop�rty; and �c� jvin in any
<br /> subvrd'rnation or other agreement af�ecting this Deed a�T�ust ar the interes�of Lender un�er th�s De�d of Trus�.
<br /> Trustee. Trustee shall mee� all qualificatians required for Trustee under applicable law. �n addition to the righ�s
<br /> and remedies set forth abo�e, v►ri�h respect to all or any part of th� Prop�rty, the Trustee shall ha�e th� right to
<br /> f�rec�vse by notice and sa�e, and L�nder shall ha�e the right tv �orec�ose by judiciai fior�clasure, in either case in
<br /> accordance with and t❑the fuil extent pro�ided by applicable law,
<br /> 5u�c�ssar Trustee. Lender, at Lender's opt�on, may fram time to time appoint a succes��r Trustee t❑ any Trustee
<br /> appo�nted under this Deed of Trust hy an instrument exe�uted and acknowledged by Lender and recorded in the
<br /> o#fice �f the re��rder o� Hall County, State of Nebraska. The inst�um�nt shal� contai�, in addition to all o�her
<br /> matte�s required by state iaw, the names of �he �riginal Lender, Trus�ee, and Trusto�, the book and page �or
<br /> �omputer system reference� where this ❑��d of Trus� is recorded, and the name and address af the successor
<br /> truste�, and the instrumen�shall be�xe�ufied and acknow�edged by all the bene�iciaries u�der this ❑eed of Trust or
<br /> their su�cessors in interest. �he successor trustee, w�thout can�eyanGe o#the Prvper�a, shall succeed ta all the
<br /> �it�e� pnwer, and duties conferred upvn the Trustee in this Deed of T�ust and by appiica�l� law. This pracedure for
<br /> substitution of Trus�ee shalf g��ern-�v the exc�usion of all a�her prv�isions for substitutior�,
<br /> N�TICES. Any notice �equired �o be gi►��en under this Deed a�Trust, including wi�hout limit�tion any notice vf default
<br /> and any no�iGe of sa�e shall �ae gi�en in wri�ing, and shall be effe�ti�e when actuaii� deli�ere�l, when actually,rece��ed
<br /> by fiele�acsimile �unless otherwise required !�y law}, when deposited with a nat��naliy recognizad o�ernight courier, vr, i�
<br /> mailed, when deposited in the LJnited 5tates ma��, as first class, certified or regis�ered mai� postage p�epaid, dire�#ed to
<br /> the addresses sh�wn near�he beginning of this ❑eed ❑�Trus�. All capies vf no�ices of fore�[asure �rom the holder of
<br /> any fien which has priority v�er this ❑eed af Trust shali be sent to Lender's address, as shcwn near the beginning of
<br /> this Deed of Trust. Any parfiy may change its address fvr nati�es under this ❑eed of Trus� by gi�ing forma� written
<br /> notice �o the other parties, speci�ying �hat the purpvse of the notice is to �hange the pa�ty's address. For notice
<br /> purposes, Trustor agrees to keep Lender in�ormed at all times of Trus��r's current address. t�nl�ss otherwise pro�ided
<br /> vr required E�y law, i�there is mare than one Trustor, any natice gi�en by Lender�o any TrustDr is deemed �o be natice
<br /> gi�en to a[I Trustors.
<br /> i1AISCELLI�►NE�US PR�V'ISIDNS. The#oiiowing m�scellaneous pro�isions are a part�f this Dee��o�Trust:
<br /> Amendments. This Deed af Trust, toge�he�with any Reiafied Dv�uments, cons��tu�es the entire understanding and
<br /> agreement o�the parties as to �he matters set �orth in this Deed of Trust. No alteratior� of vr amendment to �his
<br /> Desd of Trust shall be ef#e�ti�e unless gi�en in writing and signed by the party ❑r par�ie� sought to be charged ar
<br /> bvund by the alterativn ar am�ndment.
<br /> Annu�l Repvr�s. 1f the Property is used far purposes other than Trustar's res�dence� Trus�ar shall furnish tv
<br /> Lender, upon request, a cert�f��d stat�ment o# ne� vperating income recei�ed from the Property during Trustor's
<br /> pre�i�us fisca� year in such form and detaii as Lender shall require. "Net op�rating incame" shall mean all cash
<br /> receipts f�am th� Property less afl cash expenditur�s made in connection wi�h the operatian of the Proper�y.
<br /> Capti�n Heading�. Caption headings in this Deed of Trust are for con�enience purpos�s anly and are not �o be
<br /> used to �nterpret or define the pro�isions vf this Deed vf Trust.
<br /> Merg�r. There shall be na merger of the interest or es�a�e created hy this Deed of Trust with any a�her�nterest or
<br /> es�at� in th� Pra�erty a�any time held by or�or the ben��Fit o� Lender in any capa�ity, wi�hout the written consent
<br /> of Lender.
<br /> Ga�e�ning Law. This Deed vf Trus# w��l be go�erned by federal law applicahle to Lenc�er and, �o the ex�ent not
<br /> preempted hy�Fed�ral [aw,#he laws �f�h�5#a#e❑f Nehraska withvut regard to i�s�onfli��s of law pra�isions. This
<br /> Deed o�Trust has been accepted by Lender�n the 5tate a�Nehraska.
<br /> Choice o� Venue. I� there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction vf the
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