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2� 17� 1979
<br /> DEED DF `TRUST
<br /> {�ontinued� Page 6
<br /> assignment or �therwise. Neither the acceptance vf this Deed o� Trust nor its enforcemen�, whether by court
<br /> action v� pursuant to the power vf sale or ❑ther pawers cantained in this ❑�ed vf Trus�, sha[( prejudice ❑r in any
<br /> manner a�fect Trustee's vr Lender's right to rea[ize upnn or enfvrce any ❑ther securi�y now or hereafter held by
<br /> Trustee vr Lender, it being agr��d tha�Trustee and Lend�r, and each of�hem, shall be enfiitled�o enforce fihis Deed
<br /> of Trust and any other security now or hereafter h�fd hy Lender ❑r Trustee in su�h order and mann�r as they or
<br /> either of them may in their absolut� discretion det�rmine. No remedy conferred upan or reser�ed to Trustee or
<br /> Lender, is int�nded tv be ex�fus��e of any o�her remedy in this Deed of Trus��r hy law pro�ided or permi�ted, bu�
<br /> each shall be cumula�i�e and shall he in addi�ion #v e�ery other remedy gi�en in this Deed of Trust ar now or
<br /> hereaf�er existing at�aw vr in equity or by statute. E�ery power or remedy gi�en by fihe N�te or any of the Related
<br /> Documen�s �o Trustee vr Lender or to which either of them may b� otherwise entitled, may be exercissd,
<br /> concurrently or independently, �rom time to time and as of�en as may be deemed expedient k�y T�ustee �r Lender,
<br /> and either of them may pursue inconsistent r�medies. No�thing in this Deed af Trust shall be construed as
<br /> prvh�b�ting Lender�rom s��king a deficiency judgment agains�the Trust�r to the exten�such action is permitted by
<br /> law. Elect�on by Lender to pursue any remedy shall nat exclude pursuit of any oth�r remedy, and an e�ectivn �o
<br /> make expendi�ures or t� take action �o perform an oh��gatian of Trus�or under this ❑eed of Trust, after Trus�or`s
<br /> '�ailure ta per�vrm, shall not a��ect Lender's right ta declare a defaul�and exercise its remsdies.
<br /> Request for No�i�e. Trustar, on behalf of Trustor and Lender, hereby requests that a capy of any Notice v# Default
<br /> and a c�py of any Notice v�Sale under this Deed a�Trust be mailed to them at the addresses set forth in the firs�
<br /> paragraph v�this Deed of Trust.
<br /> Attorneys' Fees; Expenses. I� Lender ins�itu�es any suft �r act�on to enfvr�e any o� the terms of this Deed ofi
<br /> Trus�, L�nder sha11 be en�itled to reco�er su�h sum as the court may adjudge reasonable as attvrneys' fees at trial
<br /> and upon any appeal. Wh�ther or not any cour� ac�ion is in�o��ed, and �v �he extent n�t prohi�i�ed by faw, ail
<br /> reasonable expenses Lender incurs that in Lender's opinion ar� necessary at any time for �he prote��ion of its
<br /> interes�or the en�orcement of i�s rights shall become a part of�he Indebtedness payable on demand and shalf bear
<br /> int�rest at the Note rate from�he dat���the expenditure until repaid. Expenses�o�ered by this paragraph inc[ude,
<br /> withou� limitation, hov►re�er subject to any fimi�s under applicab�e law, Lender's attorneys' fe�s and Lender's legal
<br /> expenses, whether or nvt �here is a lawsuit, including attorneys' �e�s and expenses for bankruptcy praceedings
<br /> �includ�ng efforts to modify or�acate any automatic stay ar injunct�ony, appeals, and any anticipated post-judgment
<br /> col[ectivn ser�ices, the cos� of search�ng records, ob�aining �itle reports tin�luding foreclasu�e repvrts�, sur�eyors'
<br /> r�ports, and appraisal fees, ti�le insurance, and fees far the Trustee, to #he ex�en� permitt�d by appli�able law.
<br /> Trus�or also will pay any cour�casts, in addition to all o�her sums pro�id�� by law.
<br /> R�ghts of Trustee. Trustee shall ha�e a[[a�the righ�s and duties a�F Lender as se�for�h in th�s sectifln.
<br /> PflWERS AND �BLI�AT��NS OF TRUSTEE. The fvllowing pr�r�isions r�lating �a�he pawers and obligations of Trustee
<br /> are part of�his Deed o�Trust:
<br /> Powers v�Trustee. In addi�ion to all p�wers of Trustee aris�ng as a matter of law, Truste� shall ha�e the power to
<br /> take �he followin� actions with respect ta the Property upon the written request of Lender and Trus'�or: {a� jo�n in
<br /> preparing and �iling a map or p[at o� the Real Property, inc[uding the d�dication of streets or o�h�r rights to the
<br /> publi�; �b� jo�n in gran�ing any easement �r cr�ating any restriction on the Real Prop�rty; and �cy join in any
<br /> subordinati�n ar other agreement a��ecting�his Deed of Trust or the interest of Lender under this Deed��Trust.
<br /> Trustee, Trustee shall meet al! qualifications requ�red �or Trus�ee under appficahf� iaw. �n addition to the righ�s
<br /> and remed��s sst for�h abo�e, with respect tv a�f or any part af �he Property, the Trustee shall ha�e the righ� ta
<br /> fore�lose by no�i�e and sa�e, and Lender sha�l ha�e the right ta �oreclase by judicial fore�losure, in either case in
<br /> accordance with and to the tu�i exten�pro�ided by app�icab�e law.
<br /> Successor Trustee. Lender, at Lender's�ption, may frvm time to time appoint a successor Trustee�� any Trus�ee
<br /> appointed under �his Deed o� Trust by an instrument executed and acknvwledged by Lender and recorded in th�
<br /> office of the recorder of Ha[� County, S�ate af Nebraska. The ins�rument shaf! contain, in addition to a1� a�her
<br /> ma�ters required by state �aw, the names vf the ori�ina� Lender, Trustee, and Trustar, �he bo�k and page �or
<br /> computer system reference� where this Deed ❑f Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and a�knowledged by all the bene�iciaries under this De�d a�Trus�nr
<br /> �heir successors in interest. The successvr trustee, without can�eyance vf the Property, shalf succeed to all the
<br /> title, pawer, and du�ies conferred upon the Trustee in this �eed �f Trus�and by appiicable law. This p�ocedure�or
<br /> substitutian o�Trus�ee shal�go�ern�o�he exclusion v�all other pro�isions for suhstitution.
<br /> NQTtCES. Any notice required to be gi�e� und�r th€s Deed ofi Trust, including without �imi�a�ion any n�tice of default
<br /> and any noti�� o� sale shafl be gi�en in writing, and shall be e��ec�i�e when actually de���ered, when actua�ly recei�ed
<br /> by telefacsimi{e �unl�ss atherwise required by law�, when deposited with a nafiionaf�y recogni�ed v�ernight courier, or, if
<br /> maiied, when depvsi�ed in�the lJnited S�a�es mail, as first class, certified �r registe��d mai� pos�age prepaid, directed �o
<br /> �he addresses shown near the beg�nning of�his Deed �f Trust. All cvpies of notices ���oreclasure from the hvlder of
<br /> any lien whiCh has priori�y o�er this Deed of Trust shaff be sent to Lender's address, as shvwn near the beg�nning of
<br /> �his Deed af Trust. Any party may change i�ts address fo� natices under this Deed o'� Trust by giving farmai writ�en
<br /> not�ce tv the other parties, specifying that the purpose nf �h� nat�ce is tv change the party's address. For notice
<br /> purposes, Trus�or agrees to keep Lende� in�ormed at all times �f Trustor's �urren�address. Unless vtherwis� pr��ided
<br /> or re�uired by law, ��there is more than one Trustor, any nvtice gi�en by Lender to any Trusto� is deemed t� be natice
<br /> gi�en to all Trustors.
<br /> MISCELLANEQUS PR�VIS�UNS, The follow�ng miscellaneous pro�is�ons are a par�vf�his Deed a�Trust:
<br /> Amendmer�ts. This Deed af Trus#, together with any Related Documents, cvns�i�u�es the entire understanding and
<br /> agreement of the part�es as �o the matters set forth in �his Deed ��Trust. Na al�eration of or amendment to this
<br /> Deed of Trust sha�l be ef#ec�i�e unless gi�en in writing and sign�d by �he party or parti�s s�ught to �e charged ar
<br /> bound by�he alteration ar amendment.
<br /> Annual R�ports, I� the Praper�y is used for purposes o�her than Trustor's residence, Trusfiar shall furnish ta
<br /> Lender, upan request, a certified s�atement of net apera�ing inc�me re�ei�ed ��-vm the Property du�ing Trustor's
<br /> pre�ious fiscal year in such fvrm and detai! as Lender shall require. "Net ape�ating incam�" shall mean all cash
<br /> re�eipts frvm fihe Prvperty less all cash expenditures made in connection with the opera�ian of the Property.
<br /> Caption Headings. Captivn headings in this Deed of Trust are for con�enienc� purpos�s only and ar� nvt to �e
<br /> used to interpret or define the pro�isions of�his ❑eed o�Trust.
<br /> M�rger. Th�re shall be no m�rger of the in�erest or estate created by this ❑eed of Trust with any flth�r interest or
<br /> es�a�e in the Property at any time held hy or for the benefit o� Lender in any capa�ity, withaut the writfien cansen�
<br /> v�Lender.
<br /> Go�erning Law. This Deed af Trust w�ll be go�erned hy federa! law applicable tv Lender and, #o the extent not
<br /> preempted by federa�law,the laws of the State of Nehraska w�thvut re�ard ta its can#��cts v�law prvvisions. This
<br /> Deed vf Trust has been a��epted by Lender in th�S�ate of N�braska,
<br /> Chaice vf Venu�. ff there is a lawsuit, Trus�or agrees upan L�nder's request to submit to �he �urisdicfiion of �he
<br /> courts of Half County, State o�Neb�aska.
<br /> No Waiver by Lender. Lender shaff not be deemed to ha�� wai�ed any righ�s under�his Deed of Trust un[ess su�h
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