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2� 17�243�
<br /> DEED �F TRUST
<br /> [��ntlnued} Rage 7
<br /> reasonabie expenses Lender incurs tha# in Lender's opinion are necessary a� any time far the protection of its
<br /> �n�erest or the en�orcement of�ts righ�s shafl became a part o�#he fndebtedness payable on demand and sha�[ bea�
<br /> �n#erest at �he Credit Agreem�nt rate �rom the date of the �xpend�tu�e unti� repaid, Expenses covered by �his
<br /> paragraph include, without limita�ion, howe�er su�ject�o any limi�s under appficab[e [aw, Lender's attorn�ys' fees
<br /> and Lender's legal expenses, whether or no� there f5 a (awsuit, incfuding c�t'��rnE?]15' fees and expenses for
<br /> bankruptcy proceedings ��nc�uding ef��rts to modify or�acate any au�oma�ic stay or injunction}, appeals, and any
<br /> an��cipated pos��judgment cal�ect�on sen�ices, the cvst o� searching records, obtain�ng �itle reparts �including
<br /> �orecfosure reports}, sur�eyars' r�ports, and app�a�sal fees, �itle �nsurance, and fees for the Trustee, to the exten�
<br /> permitted by applieable law. Trus�or also wil� pay any c�ur�costs, in addition to al[other sums pro�ided by law.
<br /> Rights vf Trustee. Trus�ee shafl have all o�#he rights and du�ies of Lender as set for�h in�his section.
<br /> P�VV'ERS AND OSLIGAT�ONS �F TRUSTEE. Th��o�lo�ving pro�isions rela#ing to th� powe�-s and obligations of Trustee
<br /> are pa rt of th is Deed o�Trust:
<br /> Powers of Trustee, !n additian�a a!1 pawers of Trus�ee arising as a mat�er nf law, Trus�ee shall have the power to
<br /> tak� #he follow�ng actions with r�spect to the Proper�y upon the w�i#�en �equest of Lender and Trus�or: �a}jain in
<br /> preparing and fi�ing a map or plat of the Reaf P�aperty, incfuding the dedication vf s�re�ts or ather �igh�s to the
<br /> public; �b} join in granting any easement or creating any restrict�on on the Real Property; and {c} join in any
<br /> subordina�ion or other agr�eement affec�ing�h�s Deed af Trust or�he in�erest of Lender under th�s Deed o�Trust.
<br /> Trustee. Trustee sha�l meet all quafifications required for Trustee under applicabfe law. In additian �o the rights
<br /> and remed�es set for�h abo�e, with respect �o alf or any pa�t of the Proper�y, �he Trustee shal! have the right tfl
<br /> foreci�se by notice and sale, and Lender will have the righ� to fareclose by judiciaf fareclosure, in either case in
<br /> accordance with and to the fu11 extent pra�ided by applicable law.
<br /> Successor Trustee. Lender, at Lender's Qption, may�rom time to time appoint a successar Trustee#o any Trustee
<br /> appointed unde� this Deed vf Trust by an ins�rument executed and acknowledged by Lender and recorded in the
<br /> offic� of the recorder �f HALL �ounty, 5�ate of Nebraska. Th� ins�rument shall contain, in addition to al! o#her
<br /> ma�ters requ�red by state �aw, the names of �h� ari�inal Lender, Trus�ee, and Trustor, the book and page �or
<br /> computer sys�em reference} where �his Deed of Trust is recarded, and the name and address of the successor
<br /> trustee, and#he instrument shall be executed and acknawl�dged by all�he beneficiaries under�his De�d of Trus�or
<br /> their successo�s in �nter�st. The suc�essor�rustee, wi�houf con�eyance v�th� Proper�y, shall succee� t� all the
<br /> title, power, and duties eortferred upon the Trustee �n this Deed of Trust and by appl�cabfe law. This procedure for
<br /> substitution vf Trus�ee shall ga�ern to the exclusion of a�l other pro�isions for substitution.
<br /> N�T�CES. Any no�ice required �o be gi�en under this �eed of Trust, incfuding without limita�ion any notice af defaul�
<br /> and any notic� of sale shalf be gi�en in writing, and shal� be e�fecti�e when ac�ua��y deli�ered, when a�tually recei�ed
<br /> by tel�facsimile �unless atherwise requi�ed by law}, when deposi�ed with a nationally recognized o�ernigh�courier, or, if
<br /> mailed, when deposited in the United States mail, as frst cfass, ce�tified ar registered mail pos�age prepaid, direc�ed #�
<br /> the addresses shown near the beginning o�f this Deed o�Trusfi. A!� copies o�'natices vf foreclosure from the hofder af
<br /> any li�n which has prior�ty o�er this ❑eed n�Trust shafl �e sent to Lender's address, as shown near the beginning of
<br /> �his Deed of Trus�. Any person may change his v� her address for natices und�r this Deed of Trust by gi�ing formal
<br /> wri���n notic� to �he other person or persons, specifying that the purpose of the n��ice is #o change the person's
<br /> address. For natice purposes, 7rus#ar agrees to keep L�nder informed at a�f�imes o�Trustor's �urr�n�address. Un�ess
<br /> othenrvise pro�ided or required by law, i��here �s more �han one Trus�o�, any notice given by Lender tv any Trustar is
<br /> deemed tfl be notice given t❑ all Trustors. ��wi�l be Trustor's responsibility��tell the oth��s of the not�ce from Lender.
<br /> �IISCELLANEQUS PRaVISIONS. The�ollowing misc�ffaneaus pro�isions are a part o�this Deed��Trust:
<br /> Amertdments. VIlhat �s writ�en in this Deed a�Trust and in the Related Dacumen�s is Trus�ar's en�ire agreement
<br /> with Lender concern�ng the matters co�ered by�his Deed vf Trust. To be effecti�e, any change a�amendment to
<br /> th�s Deed o�f Trus�must �e in wri�ing and mus� be signed by whae�er wil� be bound or obfigated by#he change or
<br /> amendment.
<br /> Cap�ion Headings. Capt�on headings in fhis �3eed ot Trus� are �ar canv�nience purpases only and are no� �a be
<br /> used to interpret or de�fine the pro�isivns af this Deed of Trust.
<br /> Merge�. There shal� be n� merger af the �nter�est or es�ate created by�his ❑eed ❑f Trust with any other int�res�or
<br /> esta�e in the Property at any time held by or��or�he benefit of Lender in any eapaci�y, wi�hou�the writ�en consent
<br /> o�Lender.
<br /> Go►►e�n�ng La►nr. This Deed of Trust will be gorrerned by federa� law appiicabie �o Lender and, to the ex�ent no#
<br /> pre�mpfed hy�ederal law,th� laws of�he 5tate of Nebraska w�thout regard to its conflicts of�aw pro�isians. This
<br /> Deed of T�ust has been ac��pted by Lender in the State of Nebraska.
<br /> Joint and Severat Liahility. A�i obliga�ions of Trustor under th�s Deed of Trust shall be jaint and se�eral, and afl
<br /> references to Trustor snal! mean �ach and e�ery �rus�or. This means �hat �ach Tru��or signing b�low i�
<br /> respansible fa�a�f obligations in this Deed o�T�-us�.
<br /> No 1JUai�er hy Lender. Trustor unders�ands Lender wil! n��g��e up any at Lender's rights under this D�ed a�Trust
<br /> unfess Lender does sa in wrifing. The fact �hat Len�er delays or omits to ex�rc�se any right wil! nat mean that
<br /> Lende� has gi�en up tha� right. If Lender does agree in writing t� give up on� a�' Lender's r�ghts, �hat does �ot
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