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2� 17�23��
<br /> DEED �F TRUST
<br /> ���r�tl��l�d} Page �
<br /> c�n�urrentEy Qr independently, from time ta time and as aften as may be deemed expedient by Trustee or Lender�
<br /> and either o# th�m may pursue incansistent r�medies, Nothing in this Beed of Trust shal! be cQnstrued as
<br /> prohibiting Lender fr�m seeking a deficien�y judgment against the Trustar to the extent such actian is permitted by
<br /> �aw. Electian by Lender to pursue any remedy shall n�t exclude pursuit of any ather remedy, and an electian t�
<br /> make expenditur�s �r to take actian t� perfarm an abligat�on af Trustor under this Deed of Trust, afte� Trustor's
<br /> failure ta perform, sha11 not affect Lender's right ta de�lare a defaulr and exerc�se its remedies.
<br /> Request for Notice. Trustar, on beha�f�f Trustor and Lender, her�hy �equests that a c�py af any Nat�ce af Default
<br /> and a ��py af any Natice of Sale under th�s aeed af Trust be mailed to them at the addresses set f�rth in the #irsf
<br /> paragraph of this Deed af Trust.
<br /> Attornsys' F�ss; Expens�s. �� Lender institutes any sui� ❑r action to enforce any �f �he terms af this C]eed of
<br /> Trust, Lender shall be entitled t� recover such sum as fihe caurt may adjudge reas�nabl� as attorneys' fees at trial �
<br /> and upan any appeal. Whether ar nat any court acti�n is inv�lved, and ta #he ex�ent nat prahit�ited hy law, all
<br /> reasanabfe expenses Lender incurs that in Lender's �pinian are necessary at any tim� fQr the protectiQn of its
<br /> Enterest gr the enf�rcem�nt�f its rights shall become a part❑f the lnd�btedness payable an demand and shall �ear
<br /> interest at the hlote rate from�he date af the expenditure until re�aicl. Expenses coWered �y this paragraph includer
<br /> withaut �imitation� hawe�er subj��t to any fimits under applicable law, Lender's attarn�ys' tees and Lender's legal
<br /> expenses, whether or not tihere Es a lawsuit, including attorneys' fees and expenses for bankruptcy proc�edings
<br /> �fncluding efforts�o madify or�acate any aut�matic stay ar injuncti�n}, appea[s, and any antEcipated post-judgment
<br /> cvllectian ser�ices, the cost af searching records, abtaining �itle reports �inciuding foreclasure reparts}, sur�eyars'
<br /> reports, and appraisal fees, title insurance, and #ees f�r the Trus�ee, ta the extent permitted by applicable �aw.
<br /> Trustor also w�l� pay any caurt casts, En addi�ion to a11 ather sums provided by law.
<br /> Rights of Trustee. Trustee shall have all af th� rights and duties af Lender as s�t forth in�his s�ctian.
<br /> PQWERS AND �gLIGATI�NS �F TRUSTEE. The f�llauving pravisians reiating ta the powers and obfigati�ns �f Trustee
<br /> are part af this aeed of Trust:
<br /> Powers a�Trustee, In addition t❑ all powers af Truste� arising as a ma�ter�f law, Trustee shall have the pawer to
<br /> take the fallowing ac#ions with respect to the Property up�n the written request af Lender and Trustor: �a� join in
<br /> preparing and filing a map or plat af the Rea� Praper�y, including the dedi�ation of streets or ❑ther righ�s t� the
<br /> public; �b} jain in granting any easement �r �reating any restrict�an on the Real Praperty; and {c� join in any
<br /> subordina�i�n ar other agreement a##ecting this Deed af Trust or th� �nterest�# L�nd�r under this De��i of Trus�.
<br /> Trustee. Trustee shall meet all qualificatians required for Trustee under applicab�e law. !n additi�n to �he rights
<br /> and remed�es s�t farth abav�, with rsspect ta a�l or any part af the Praperty, th� Trustee shall ha�re the right to
<br /> f�reclose by notice and sal�� and Lender shall ha�e the rtght to foreclose f�y jud��ial fareclasur�, in �ither case in
<br /> accordance with and tv the�ull extent pro�ided by applicable law.
<br /> Su��essar Trustee. Lender, at Lender's �ption, may fram �ime to time appaint a successor Trustee to any Trust��
<br /> app�inted under this Deed vf Trust by an instrument executed an� ackn�wledged by Lender and recorded in th�
<br /> �ffice �f th� recarder of Hall ��unty, Stat� �f fVebraska. Th� instrument shall contain, in additfon ta all ❑ther
<br /> matters required by state law, �he names ofi th� ariginal Lender, Trustee, and Trustar, the baak and page �or
<br /> campu�er system ref�rence� whe�e this Deed of Trust is record�d, and the name and address �f the successar
<br /> trustee, and th� instrument shalf he ex�cu�ed and acknowledged by al!the beneficiaries under this �eed ❑f Trust ar
<br /> their successars in int�rest. The success�r trust��, withaut conv�yance of �he Praperfy, shall su���ed t� all the
<br /> title, pawer, and duties canfe�red upon�he Trustee in this Dee�i �f Trust and by appli�able law. This procedure fio�
<br /> substitution af Trustee sha11 ga�ern to th�exclusion af all ather provisions for substitutian.
<br /> N�TI�ES. Any notice required to be gi�en under this �eed ❑f Trust, in�luding without limitation any natice �f defauEt
<br /> and any natice of sale shafl be gi�en in writing, and shall be effe�tive when actually deli�ered, wh�n actually received
<br /> by tele#acsimile �unless atherwise require� by !aw}, when d�posited with a natianally recagnized a�ernight caurier, or, if
<br /> mailed, when depasited in the LJnited S�ates mail, as first c�ass, certified or registered mai� postag� prepaid, directed to
<br /> the addresses shown near the beginning of this Dee� a#Trust. All c�pies af notices of fareciosure fram the halder af
<br /> any lien which has pr�ority a�er this Deed af Trust shall b� sent ta Lender's address, as shawn near the beginning af
<br /> this Deed af Trust. Any party may change its address far notices under this Deed a� Trus� by gi�ing tarma� written
<br /> natice ta the other parties, specifying that the purpose of the natice is tv change �he party's address. Far n�tice
<br /> purpases, Trustor agrees to keep Lender informed at al! tirnes o#Trusto�''s cur�'ent address. �n�ess ❑#herwis� provided
<br /> or required by �awr if th�r� is more than ane Trustor, any natice giWen by Lender t❑ any Trustar is deemed ta be notice
<br /> giWen�� �ll T�ustors.
<br /> C�UNTERPARTS.This document may �e execu�ed in any number of��unt�rparts, each of which shall be deeme�t❑ be
<br /> an original, as a�ainst any party whase s�gnatur� appears thereon, and a!I of which sha�C together canstitute on� and
<br /> th� same instrument. This docum�nt shall become bind'€ng when �ne ar m�re counterparts here�f, indi�idually, ar taken
<br /> together, shall b�ar the signature �f a!I the partEes ref�ected hereon as the signatories.
<br /> M�SCELLANE�US PF��VISlQNS. The fo�lowing miscellan�aus proWisians are a part af this Qeed af Trust:
<br /> Am�ndments. This Deed ofi Trust, t�gether with any Rela�ed ❑acum�nts, constitutes the entire understand+ng and
<br /> agreement ❑f the parties as �a the matters set forth in this Deed af Trust, No alteration of or amendment�o this
<br /> D�ed a#Trust shall be �ffectiWe unless given in writing and signed �y the party �r parties s�ught to b� charged or
<br /> bound by the aEterat�an ❑r amendment.
<br /> Annual Reparts. If the PrQperty is us�d for purposes other than Trustar's r�sidence, Trust�r shall furnish to
<br /> L�nd�r, upon request, a certifi�� statement of ne� ape�ating incame r�cei�ed from the Praperty during Trust�r's
<br /> preW�ous fiscal year in such farm and detail as Lender shall require. "IVet aperating incam�" shall mean all �ash
<br /> r�ceipts firom�he Property fess all cash expenditures made in connectian with the�perat�an�f the Praperty.
<br /> Caption Headings. Captian headings in this Deed of Trust are far canveni�nce purposes only and are nat t❑ be
<br /> used�o interpret or d�fine the pra�isi�ns Qf this Deed �f Trust.
<br /> Merger. There shall be na rnerger af the interest ar estate created by this Deed af Trust wEth any ather inter�st ar
<br /> estat� in the Property at any time held by�r for�he benefit af Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Gaverning Law. This aeed af Trust will be governed by f�deral law applicable t� Lender and, ta the extent not
<br /> preempt�c] hy federal law,the laws a�the State of Nebraska vrrithout regard tn i�s canfli�ts of law provisions. This
<br /> Deed ot Trust has been acce�ted by Lender in the State af 1Vebraska.
<br /> �haice a� V�nue. lf there is a lawsuiY, Trustor agrees upan Len�er's reques� to submit t� the jurisdictian ❑� the
<br /> courts❑f Lancaster�ounty, S�ate af Nebraska.
<br /> IVa VIJai�er hy L�nder. Lender sha�l nat be ���med tv hav� waived any rights under this �eed af Trust unless such
<br /> waiver is giWen in writing and signed k�y Lend�r. No delay ar�mission on the part af Lender in exercising any r�ght
<br /> shalf operat� as a wai�er❑f such right or any ather righ#. A wai�er by Lender a� a pravision a# this Deed af Trust
<br /> shall n�t prejudice ar cons�itu�e a wai�er af Lender's right atherwise �� demand strict c�rnpliance with that
<br /> pra�ision ar any ❑ther provisian of this Qeed �f Trust. No prior waiver hy L�nder, nor any caurse af deaEing
<br /> b�tween Lender and Trustar, shall cons#itute a waiver af any of L�nder's rights or of any af Trust�r's �bEigatians
<br /> ;.
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