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2� 17�2558
<br /> C3EEC] �F TRUST
<br /> t�ontinued� Page 6
<br /> assignmen� or otherwise. Neithe� the acceptance of this Deed of Trust nor �ts enforcement, whe�h�r by c�urt
<br /> action or pursuan� to the power of sale or v�her pvwers contained in this Deed of Trus�, shall prejudice or in any
<br /> manner affe�t Trustee's or Lender's righ� to reali�e up�n vr en�orc� any oth�r security now or hereafit�r hefd by
<br /> Trust��or Lend�r, it being agreed tha�Trus�ee and Lender, and each o�them, shall be entitled�v enforce this Deed
<br /> o� Trus� and any oth�� security now vr hereaf�er held by Lender or Trustee in SLICh arde� and manner as �hey o�
<br /> either af them may �n thei� ahsalute discretion determine, No remedy conferred upon vr reser�ed �� Trustee o�
<br /> L�nder, �s intended to be exclus��e of any o�her remedy in this Deed of Trust vr by law pro�idgd ar permitted, bu�
<br /> �ach shall be �umufati�e and shall be in addi�ion �❑ eWery other remedy gi�en �n this Deed of Trus� ar n�w or
<br /> h�rea�ter existing at law or in equ�ty or by s�a�u�e. E�ery power or remedy gi�en by the Note or any of�he Related
<br /> Do�uments to Trustee or Lender or to whi�h ei�her of #hem may be ❑therwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trus�ee or Lender,
<br /> and eith�r of them may pursue inconsis�ent remedies. Nothing in this Deed o� Trust shall he �anstrued as
<br /> prohibi�ing Lender fram seeking a deficiency judgment against the Trustor to�he extent such action is permi�ted by
<br /> law. Elec�ion by Lender to pursue any remedy shall not exclude pursu�t of any other �emedy, and an election to
<br /> make sxpenditures ar t❑ take acfiion to perform an obfigation of Trustor under this Deed of Trust, af�er Trustor's
<br /> fiailure to perfvrm, shail not a��rect Lender's righ��tv de�lare a default and exercise its remedies.
<br /> Reques#for Na�ice. Trustor, an behal�of Trustar and Lender, hereby requests that a copy of any Nvtice of ❑efault
<br /> and a copy vfi any Notice of 5ale under this Deed vf Trust be mailed t❑them at the addr�ss�s set�ort1� in�h� first
<br /> paragraph vf this Deed of Trust.
<br /> Attorneys' Fees; Expenses, If Lender institutes any suit or activn �o enforce any of the terms o# this Deed of
<br /> Trust, Lender shall be entitled to reco�er such sum as th� court may adjudge reasonabie as a�torn�ys' ��es at�rial
<br /> and upvn any appeal. Whether ar not any court a�tion is in�al�ed, and tv �hg ex�en� not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lend�r's opinivn a�e n�cessary at any time �vr the pratectifln ❑�f its
<br /> interes�ar the enforcement of its righ�s shall became a part o��he Indebtedn�ss payable on demand and sha�� b�ar
<br /> interest at�he Note rate�rom the da�e�f�he expenditure until repaid. Expenses co�ered by this paragr�ph inc�ude,
<br /> without [imi�a#ian, h�w��er subject to any limi�s under applicable law, Lender's attorneys' fees and Lender's legai
<br /> expenses, whether or nnt there is a lawsui�, including at�vrneys' fees and expenses �ar hankrup�cy proceedin�s
<br /> {inc�uding efforts to mod��y or�acate any autvmati�s�ay or in�unctiony, appeals, and any anticipated pos�-�udgment
<br /> collection ser�ices, the �ost o�searching records, abtaining title reports {includ�ng �oreclosure repor�s}r surveyors'
<br /> reports, and appraisal fees, �itle insurance, and �ees �or th� Trustee, to the extent permitted by applicable law.
<br /> Trustor aiso will pay any court costs, in addition to all other sums pro�ided by law.
<br /> Rights vf Trus#ee. Trustee shalf ha�e ail o�the rights and duties vf Lender as se�forth in this s�ction.
<br /> P�WERS AN� QBLIGATIDNS �F TRUSTEE, The folfowing pra�isiflns relating tv �he pawers and obligatFons ofi Trustee
<br /> are part af this De�d o#Trust:
<br /> Powers v#Trustee. In additian ta all powers vf Trustee arising as a matte�of law, Trustee shall ha�e the pow�r ta
<br /> take the foll�wing ac�ions with respec��o�he Pr�perty upon the written requ�st o� L�nd�r and Trus�or; ta� j�in €n
<br /> preparing and filing a map o� piat of the Real Proper�yr including the dedication o� stre�ts or o�her rights to th�
<br /> public; ��} join in granting any easement or crea�ing any res�riction on the Real Prop�rty; and �c� join in any
<br /> subardination or ather agreement a���cting this ❑eed of Trust or the in�erest of Lender under this ❑eed af Trus�.
<br /> Trustee. Truste� shall me�t all �ualificati�ns required ��r Trustee under applicable law. �n addit�on to the rights
<br /> and remedies set �orth abo�e, wi�h respect �o all or any part o� the Praper�y, the Trus�ee shall ha�e th� right to
<br /> foreclvse by no�i�� and sa�e, and Lender shall ha�e the right t� �orec�ase by judicial foreclvsure, in either case in
<br /> accvrdance with and t�the�u��extenfi pro�ided by appli�able law.
<br /> Successor Trustee. Lender, at Lende�'s option, may from time to time appvin�a successor Trust�e to any Trustee
<br /> appoint�d under this Deed of Trust by an �nst�um�nt executed and acknvwledged by Lender and recorded in the
<br /> affice of the r��arder af Hall C�unty, State o� Nebraska. The instrumen� shall con�ain, in addit�on to a�l other
<br /> ma�ters requ'rred by state law, the names of the �riginal Lender, Trustee, and Trus�or, �he bovk and page �or
<br /> Gampu�er system re�e�en�e� where this Deed of Trust is rec�rded, and �he name and address of �he success�r
<br /> trustee, and the instrument sha�� be ex�cuted and acknowledged by aff the beneficiaries under this Deed of Trust or
<br /> their successors �n interest. The successor truste�, w�thout con�eyance �f the Propert�, shafl succeed to all the
<br /> title, power, and duties canferred upon the Trustee in�h�s �eed o�Trust and by appli�able �aw. This procedure �or
<br /> substi�ution af Trustee shall gv�ern�o�he ex�lusion of a�l other pr��isions�or substitution.
<br /> NOTICES. Any notice requir�d to be gi�en under�his ❑eed of Trust, including withaut �imitation any nv�ica af default
<br /> and any notice o� sale shall be gi�en in writ�ng, and shall be effec�i�e when actually deli�ered, when a�tually recei�ed
<br /> hy telefacsimile �unless otherwis� required by �aw}, when depvsited with a nationally recognized o�ernight courier, ar, i�
<br /> mailed, when deposited in�he United States mail, as �irst class, certified ar registered mail po�tage prepaid, direc�ed tv
<br /> the addresses shown near the beginning of this ❑��d of Trust. Ali �opies of notices of foreclosure fram fih�e hvlder of
<br /> any lien whi�h has priority o�er this Deed of Trust shalf be s�nt �� L�nde�'s address, as shvwn near the beginning af
<br /> �his Deed of Trust. Any pa�ty may change its address far notices under this D�ed of Trust by gi�ing �vrmal written
<br /> notice �o the o�her parties, speci#ying that the purpose of the notic� is tv change �he party's address. For noti��
<br /> purpvses, Trustvr agrees to keep Lender inform�d a�all times of Trustor's current address. Un[ess vtherwise prv�ided
<br /> or required by �aw, if there is more than one Trustor, any notice gi�en by Lender�o any Trustor is d�emed tv be notice
<br /> gi�en to alf Trustors.
<br /> M�SCELLANE�US PR�V15iDN5. The fvllvwing miscelfaneous pro�isi�ns are a part o�this D�ed of Trust:
<br /> Am�ndmen�s. This Deed o�Trust, tog�ther with any Rela�ed Dacuments, �onstitutes�he ent�re understanding and
<br /> agreement of�he parties as ta the matters set forth in this Deed af Trust. No alteration �f�r amendment�v this
<br /> Deed o�Trusfi shall �e eff�cti�e unfess g��en in writ�n� and signed by the par�y or par�ies sought�o be �harged or
<br /> bound by the aiteratian vr amendment.
<br /> Annual Reports. I� th� Proper�y is used fvr purpases other than Trustor's residence, Trus�ar shalf furnish to
<br /> Lender, upon request, a certified s�a�emen� of net operating incame recei�ed �rom the Property durin� Trustor's
<br /> pre�ious �is�af year in such form and de�ail as Lender shall require, "Net ❑perating income" shall mean aff cash
<br /> receipts firom�he Praperty less all cash exp�nditures made in connection wi#h the op�rati�n o�the Prope��y.
<br /> Cap#ian Headings. Caption h�adings in this Deed a� Trust are for con�enience purposes only and are not to be
<br /> used ta inte�pret vr define the prv�isi�ns o�th�s ❑eed o�Trust.
<br /> Merger. Th�re shai� be no merger of th� int�rest or estate created by this ❑�ed ❑f Trus�with any other interest or
<br /> esta�e in the Prope�ty at any�ime held by ar for the be�e�it o� Lender in any capaci�y, without the writt�n cons�nt
<br /> of Lender.
<br /> �or►�rning Law. Th�s Deed of Trust will be ga►►�rned hy federal law applicable tv Lender and, to #he extent nn#
<br /> preempted by federal law,the laws of the State af Nebraska without regard�o its cvnflic�s of taw prv�is�vns. This
<br /> Deed vf Trust has been accepted by Lender in the Stat�of Nebraska.
<br /> Chaice of Venue, If there is a lawsuit, Trus�or agrees upon Lender's r�quest to suhmit tv the �urisdic#i�n o� the
<br /> �vurts of Hall County, State vf Ne�raska.
<br /> No Wa��er hy Lender. Lender shall not be deemed t� have wai�ed any rights under this ❑eed of Trust unfess such
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