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2� 17�2391
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<br /> DEED �F TRUST
<br /> �C�ntinued� Pa9g s
<br /> Trust, Encluding cvsts af��idence❑�title in cannection with saie,Trus�ee shall apply the pro�eeds af sale
<br /> to payment of {i�afl sums expended under the tsrms o#this Dsed of Trust or under the terms af the Note
<br /> n�t then repaid, including hut not limited to accrued interest and late charges, tii� all ather sums then
<br /> secured hereby, and �iii}the remainder, if any,to the person or persons legally entitled thereto.
<br /> �cf Trustee may in the manner pro�id�d by law postpone sale of all or any portivn❑f the Prvperty.
<br /> Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled t❑ enforce payment and
<br /> performance of any indebtedness flr❑hiigativns secured by this Deed of Trust and tv exer�ise all rights and powers
<br /> under this Deed vf Trust, under the Nvte, under any vf the F�elated Dvcuments, or under any other agreemen# vr
<br /> any laws now or hereafter in farce; nvtwithstanding, some or at� v�such indehtedness and ohligativns secured hy
<br /> this Deed of Trust may now vr herea#ter be otherwise secured, whether hy mortgage, d�ed ❑f trust, pledge, lien,
<br /> assignment vr vtherwise. Neither the acceptan�e of this Deed of Trust nor its enfarcement, whether by court
<br /> actian or pursuant to the pawer of sale ar other powers cantained in this Deed ❑f Trust, shall prejudice or in any
<br /> manner affect Trustee's or L�nder's right tv rsalize upan or enforce any ather secu�ity now o� hereafter held by
<br /> Trustee❑r Lender, it being agreed that Trust�e and Lender, and each of them, shall be entitled to enfarce this❑eed
<br /> o# Trust and any other security now or hereafter held by Lender vr Trust�e in such o�der and manner as th�y ar
<br /> either of them may in their absvlute dis�retivn determine. No remedy con#erred upon or reser�ed tv Trustee or
<br /> Lender, is intend�d to be exclusi�e of any other rernedy in this Deed of Trust vr by law provided or permitted, but
<br /> each shai� be cumulati�e and shall be in addition to every other remedy gi�en in this Deed a# Trust vr nvw �r
<br /> her�after existing at law❑r in equity ar by statut�. E�ery power or remedy gi�en by the Note or any of the Related
<br /> Dvcuments t� Trustee or Lender or to which �ither �f them may be ❑th�rwise entit�ed, may be exercised,
<br /> concurrentfy or indep�ndently, frorn time to time and as aften as may he deemed expedient by Trustee ar Lender,
<br /> and either of them may pursue incansistent remedies. N�thing in this Deed of Trust shall be �onstrued as
<br /> prohibiting Lender�rvm seeking a deficiency judgment against th�Trustvr ta the ext�nt such acti�n is perrnitted by
<br /> law. E�ection by Lender to pursue any remedy shall nat exclude pursuit o# any other remedy, and an election ta
<br /> make expenditures vr tv take a�tion to perfarm an obligati�n of Trustor under this Deed of Trust, after Trus#vr's
<br /> failure to perform, shai# nat affect Lender's right ta declare a default and sxsrcise its remedies.
<br /> Request for Noti�e. Trustar, on behaif of Trust�r and Lender, hereby requests that a copy vf any Notice of Default
<br /> and a copy of any Not�ce❑f Saie under this Deed❑f Trust be rnailed to them at ths addresses set forth in the first
<br /> paragraph of this❑eed❑f Trust.
<br /> Attorneys' Fees: Expenses. If Lender institutes any suit or act�vn to enfarce any a# the t�rms of this Deed of
<br /> Trust, Lender shall be entitled to�e�v�er such sum as the court may adjudge reasvnahfe as attvrneys' fees at trial
<br /> and upon any appea�. Whether or not any �vurt activn is in�vl�ed, and tv the extent nat prohibited by law, all
<br /> reasanable expenses Lend�r incurs that in Lender's apinion a�e necessary at any time for the protection of its
<br /> interest or the enforcement vf its rights shall t�ecvme a part vf the �ndebtedness payable on demand and shall bear
<br /> interest at the Note rate frvrn the date of the expenditure until repaid. Expenses c��ered hy this paragraph include,
<br /> without iimitation, howe�e�subject to any limits under applicahle law, Lender's attorneys' f�es and Lender's �egal
<br /> expenses, whether ar not there is a lav►►suit, including attorneys' fees and expenses for �ankruptcy praceedings
<br /> �including effarts tv modify or�acate any autvmati�stay ar injunctivn�, ap�aeals,and any anticipated past-judgment
<br /> collection ser�ices, the cost❑f searching r�cvrds, obtaining tit�e reports �including fore�lasure reports}, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees fvr the Trustee, to the extent permitted by applicab�e law.
<br /> Trustor also wiil pay any�vurt costs, in addition to ai!other sums pra�ided t�y law.
<br /> Rights o#Trustee. Trus�ee shall ha�e all vf the rights and duties❑f Lender as set forth in this s�ctivn.
<br /> P�WERS AND�BLIGATIQNS aF TRUSTEE. The fvl�vwing pro�isivns relating to the pvwers and❑bligations af Trustee
<br /> are part of this Deed❑�Trust:
<br /> Powers of Trustee. In addition t❑all powers❑f Trustee arising as a matter of law.Truste� shall ha�e the pnw�r C�
<br /> take the following actians with respect tv the Prvperty upon the written request vf Lender and Trustor: {a]�oin in
<br /> preparing and fifing a map vr plat of the Real Praperty, inc�uding the dedication o# streets or other rights to the
<br /> puhli�; �bf jvin in granting any �asement or creating any restriction on the Rea� Property; and �cf join in eny
<br /> suh�rdination or other agreement affecting this Deed vf Trust or the inter�st of Lender under this ❑eed of Trust,
<br /> Trustee. Trustee shall meet ail qualifications required for Trustee und�r applicable law. In addition to the rights
<br /> and remedies set #orth abo�e, with resp�ct to aii vr any part ❑# the Prop�rty, the Trustee shal� ha►►e #he righ# to
<br /> fvre�lase by not�ce and sa�e, and Lender shaii ha�e the right tv fvreclvse by judi�ia� fareclosure, in either case in
<br /> a��ordance with and to the fuil extent pro�ided by applicable law.
<br /> 5uccessor Trustee. Lender, at Lender's option, may from time to#irne appoint a success�r Trustee to any T�'ustee
<br /> appointed under this Deed o#Trust by an instrument�xecuted and acknowledged hy Lender and record�d in #he
<br /> office af the re�vrder of Hall Cvunty, 5tate o# Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state iaw, the names ❑f the original Lender, Trustee, and Trustor, the bvvk and page �ar
<br /> computer system reference� where this Deed o� Trust is re�orded, and the name and address of the successor
<br /> trus�ee, and the instrument shall be exe�uted and acknowledged by all the henefic�a�ies under this❑eed af Trust or
<br /> their successors in interest. The successor trustee, without con�eyance vf the Property, shall suc�eed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and �y applicable law. Thi5 proc�dure fv�'
<br /> substitution�f Trustee shal!gv�ern tv the exclusion❑f all other pro�isians far subst�tutivn.
<br /> N�TICES. Any notice required tv he gi�en under this ❑eed o#Trust, in�luding withvut iimitation any nvtice❑f de�ault
<br /> and any notice of sale shall be gi�en in wri#ing, and shall be e#�ecti�e when actually deli�ered, when actually received
<br /> by telefacsimile (unless vtherwise required k�y law�,when deposited with a nationally recognized overnight c�urier,or, i#
<br /> mailed, when deposited in the lJnited 5tates maEi, as first�lass, certified or registered mail postag� prepaid, directed to �
<br /> the addresses shown near the beginning vf this ❑eed ❑f Trust. AI! copies v� notices of foreclosure from the holder of
<br /> any fien which has priority o�er this Deed of Trust shall be sent to Lender's address, as shown near the k�eginning �1`
<br /> th�s Deed ❑f Trust. Any party may change its address fvr nvtices under this Deed vf Trust by gi�ing formal written
<br /> notice ta the other parties, specifying that the purpose of �he notice is to change the party's address. Far noti�e
<br /> purpases, Trustor agrees to keep Lender informed at a!I times o#Trustor's current address. lJnless otherwise pra�ided
<br /> ❑r required by law, if there is more than one Trustor, any no#ice gi�en by Lender to any Trustor is deemed t�he notice
<br /> gi�en to all Trust�rs. �
<br /> MISCELLANE�US PR�VISI�NS. The following miscellaneous pro�isions ace a part vf this Deed vf Trust:
<br /> Amendm�nts. This Deed of Trust, tog�ther with any Related aocum�nts, cvnstitutes the entir� understanding and
<br /> agre�ment ❑f the parties as to the matters set forth in this Deed of Trust. Na a#teration of�r amendrnent to this
<br /> Deed of Trust shall be effecti�e unless gi�en in writing and signed by#he party ❑r parties svught to t�e charged or
<br /> bound by the alteration vr amendment,
<br /> Annual Reparts. If �he Proper#y is used far purposes ather than Trustor`s residence. Trustor shall furnish to
<br /> Lender, upan request, a certified s�a�ement of net vperating in�ome recei►►ed fram the Prvperty during Trustvr's
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts#rom the Property less all cash expenditures made in connection wi#h th�operation of the Property.
<br /> Gaption Headings. Caption headings in this ❑eed of Trust are for can�enience purposes ❑nly and are not to be
<br /> used to interpret�r de#�ne the pro�isians�f this Deed of Trust.
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