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2� 17�2392
<br /> i • k
<br /> D�ED �F TRUST .
<br /> ��ontinued� Pagg s
<br /> Remedies Nvt Ex�lusi�e. Trustee and Lender, and each of them, shali be entit#�d to enforce payment and
<br /> performance of any indebtedness or vi�ligatiQns s�cured by this Deed of Trust and ta exercise a�l rights anc�pawers
<br /> under this Deed o�Trust, under the Nvte, under any af the Related Documents, or under any vther agreernent vr
<br /> any laws naw or hereatter in#orce; natwithstanding, sarr�e or all at su�h ind�btsdness and vbligativns secured by
<br /> this ❑eed of Trust may now ❑r herea#ter be ath�rwise s�cured, whether by mortgags, deed of trust, pledge� lien,
<br /> assignrnent or otherwise. Nei�her the acceptance vf this Deed vf Trust nvr its enforcement, whether by court
<br /> act�vn ar pursuant t❑the power of sale ❑r vther powers contained in this Deed of Trust, sha11 pcejudice or in any
<br /> manner aff�ct Trustee's or Lender's right tv realize upvn ar enforce any �ther se�urity now or hereafter held hy
<br /> Trustee❑r Lender, it being agreed that Trustee and Lender, and�ach of them� sha4�be entitled to en�orce this�eed
<br /> vf Trus� and any other security nvw or herea�ter held by Lender or Trustee in such order and manner as they vr
<br /> either o� them rnay in their abs�lute discretion deterrnine. No remedy conferred upon or reser�ed to Trustee or
<br /> Lender, is intended to be exc�usi�e of any ather remedy in this Deed af Trust�r by law pro�ided or permitted, but
<br /> ea�h shail be cumulati�e and shall he in additian to e�ery ❑ther remedy gi�en in this Qeed ❑f Trust ❑r now vr
<br /> hereafter exist�ng at�aw or in equity or by statute. E�ery pnwer❑f remedy gi�en by the Note or any of the Related
<br /> ❑acuments tv Trustee or Lender ar ta which either of them rnay �� otherwise entitl�d, may be exer�ised,
<br /> concurrently or independently, frvm #ime to time and as often as may be deemed exped�ent hy Trustee or Lender,
<br /> and either of them may pursue ineonsfstent remedies. Nothing in this Deed of T�usi sharl be const�ued as
<br /> prahihiting Le�ider frvm seeking a deficiency judgment against the Trustvr ta the extent such action is perrnitted by
<br /> law. Election by Lender to pursue any remedy shall nat ex�iude pursuit ❑f any other remedy, and an electian tv
<br /> make expenditures or ta take activn to perform an vbligativn ofi Trustor under this Deed vf Trust, after Trustar's
<br /> failure tv perfvrm, shall not af�ect Lender's�iyht to declare a default and exercise its remedies.
<br /> Request far Notice. Trustvr, vn behalf af Trustor and Lender, her�by requssts that a�apy vf any Noti�e of Default
<br /> and a capy of any Notice at Sale und�r th�s Qe�d of Trust be mailed to them at ihe addresses set fvrth �n�he f��st
<br /> paragraph vf this Deed of Trust.
<br /> Attorneys` Fees; Expenses. if Lender ins#i#utes any suit or action ta enforce any of the terms a� this Deed o�F
<br /> Trust, Lender sha4! be entit�ed to reco�er such sum as�h�court may adjudge reasonahle as attarneys' fi�es at trial
<br /> and upon any appeal. Whether �r n�t any cvurt action is inv�l�ed, and tv the ex�ent nvt prohibited by law, all
<br /> reasanable expenses Lende�- incurs that in Lende�'s apinion are necessary at any time for the protection of its
<br /> interest vr the entorcemen�ot its righ�s sh�ll become a part of the lndebtedness payahle on demand and shall bear
<br /> interest at the Note rate fram the date of the expenditure until repatd. Exp�nses ca�ered by this paragraph include,
<br /> without limitativn, hvwe�er subyect to any limits under applicable law, Lender's attorneys' fees and Lender's legai
<br /> expenses, whether ar n�t there is a �awsuit, including att�rneys' #ees and expenses �or bankruptcy proceedings
<br /> �including e�forts to modify or uacate any automati�stay or injunctiony, appeals� and any anticipated post-judgrnent
<br /> coliection ser�ices, the cast of sear�hing recards, obtaining title repvrts {inc�uding forec�osure reparts�, sur�eyors'
<br /> reparts, and appraisal fees, title insurance, and �ees for the Trus�ee, to the extent permitted by applicable law.
<br /> Trustvr also wi�l pay any court cvsts. in additivn to all ather sums prv�ided hy�aw.
<br /> Rights a#Trustee. Trustee shall ha�e all af the rights and du�ies of Lender as set forth in this s�ction.
<br /> P�INERS AN� �BLIGATI�NS �F TRUSTEE. The following pro�isions relating to the pvwers and vhligatians of Trustee
<br /> are part of this deed af Trust:
<br /> Powers vf Trustee. In addi#ion tv all powers�f Trus�ee arising as a matter of#aw, Trus#ee sha�l ha�e th�pnwer#v
<br /> take the following actians w+th resp�ct to the Property upon the written request af Lender and Trustor; taf jvin in
<br /> preparing and filing a rnap or plat af the Real Property, �ncluding the dedicatian of streets or other rights to the
<br /> puhiic; tb3 jain in g�anting any eas�ment or creating an� rest�ictian on the f�eal Prvperty; and �cy jain in any
<br /> subordination or other agreement affecting this❑eed of Trust or the interest of Lender under this Deed❑f Trust.
<br /> Trustee. Trustee shall meet ail qua���iGati�ns required #vr Trustee under applicable law. In addition to the rights
<br /> and rernedies set forth abvve, with respect to all or any part of the Prvperty, the Trustee shall ha�e the right tv
<br /> fareclose by n�ti�e and sale, and Lender shall f�a�e the �ight to fareclose hy judicial foreclasure, in either case in
<br /> ac�ardance with and to the fu11 extent pro�ided by applicable�aw.
<br /> 5u�cessor Trustee. Lender, at Lender's option, may fram time to time appoint a successor Trustee to any Trustee
<br /> appvinted under this ❑eed v�Trust tay an instrument executed and acknaw�edged by Lender and reCarded in the
<br /> affice ❑f the recorder of Hall County, 5tate of Ne�raska. The inst�ument shal{ cantain, in additian ta aii ❑ther
<br /> rna�ters required by state law, the nam�s of the ariginal Lender, Trustee, and Trust�r, the book and page �or
<br /> computer system referen�e} where this Deed vf Trust is recorded, and the name and address �f the successor
<br /> trustee, and the ins#rurnent shall be executed and acknvwledged by all the heneficiaries under this Deed o#Trust or
<br /> their successnrs in interest. The successar trust�e, withaut con�eyance o# the Praperty, shall succeed tv all the
<br /> ti�le, pawer,and duties canferred upon the Trustee in this❑eed vf Trust and by applicahle law. This procedure for
<br /> substitution of Trustee shall go�ern tv the exclusion vf all other provisivns for subs�itution.
<br /> NDTI�ES. Any nvtice required to be gi►►en under this �eed of Trust, including withaut ��mitation eny noticg of default
<br /> and any notice of sale shall be given in writing. and shall he effecti�e when actually deli�ered, vvhen a�tually recgi�ed
<br /> by telefacsimile �unless otherwise requir�d hy lawy,when deposited with a nativnally recognized o�ernight courier�❑r, if
<br /> mailed, when deposited in the United 5tates ma�l, as first class, certified ar registered rnai� postage prepaid, dir�c#�d to
<br /> the addresses sh�wn near the beginning of this [7eed vf Trust. All cop�es of notices of fQreclosure firom the h�lder vf
<br /> any I�en which has priority vver this Deed of Trust shal! be sent ta Lender's address, as shvwn near�he b�ginning of
<br /> this ❑e�d of Trust. Any party may change its address for n�tices �nd�r th�s Deed o� Trust by gi►►ing form�l written
<br /> notice to the other parties, specifying that the purpose of the nntice is to change the party's address, For nflti�e
<br /> purpases,Trustor agrees ta keep Lender infarmed at all times af Trustvr's curr�nt address. Un�ess otherwise pro�ided
<br /> ❑r required by law, if there is mare than one Trustor, any notice gi�en�y Lender to any Trustor is deemed to be noti�e
<br /> gi�en ta all Trustars.
<br /> IVIISCELLANE�US PRDYISl�NS. The fvllaw;ng misGellaneous pro�isivns are a part of this Deed vf Trust:
<br /> Amendments. This Deed of Trust, tog�ther with any Re�ated Documents, canstitutes the entire understanding and
<br /> agreement vf the parties as to the matters set forth in this aeed❑f Trust. No alterativn v#vr amendment to this
<br /> Deed of Trust shalf be effecti�e unless gi�en in writ�ng and signed by the pa�ty or parties saught to be charged or
<br /> �ound by the alteration ar amendment.
<br /> Annual Reports. If the Property is used fvr purposes other than Trustor's residence, Trustar shall furnish t�
<br /> Lender, upan request, a cer�ified statement of n�t vperating �ncvm� rece��ed from the Praperty during Trustor's
<br /> pre�iaus fiscal year in such farm and detail as Lender shaii require. "Net operating incvme" shall mgan all cash
<br /> receipts from the Property less all cash expenditures made in connection with the op�ration o€the Propert�,
<br /> Captian Headings. Caption headings in this Deed ❑f Trust are fvr con�enience purposes only and are not tn be
<br /> used to interpret or define th� pro�isions af this Deed�f Trust.
<br /> Nlerger. There sha�f be n�merger of the interest vr estate creatsd hy this Deed o#Trust with any o�her interest ar
<br /> estate in the Property at any time held by or for the benefit of Lende�in any capacity, withaut the written consent
<br /> of Lender.
<br /> Go�erning Law. This aeed of Trust will he gv�erned by federel law applic�bla to Lender and, to the ex#ent not
<br /> preemp#ed by�gderal law, the laws ot the State o�f Ne4raska wiihout regard to�ts conflicts of I�w prvvisions. Th�s
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