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2� 17�2�59
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<br /> vEEv �F TRusT
<br /> t�ontinu�d� Pa$e �
<br /> assignment vr otherwise. N�ithar the ac�eptance af this ❑eed o# Trust nar its enforcement, whether by cvurt
<br /> action or pursuant tv the pawer of saie or other powers contained in this ❑eed of Trust, sha�l prejudice or in any
<br /> manner affect Trustee's vr Lender's right to realize upvn or en�orce any other security now ar he�reaiter held by
<br /> Trustee vr Lender,it being agreed that Trustee and Lender. and ea�h af them.shall be entitlad to enforce this Deed
<br /> of Trust and any o�her security now ar hereafter held by �ender or Trustee in such vrder and manner as they ar
<br /> either o# them may in their ahsofute dzscr�tion determine. No remedy con�er�ed upon or reser��d to Trus#ee ar
<br /> Lender, is intended tv �e exc�us��e❑f any ather remedy in this Deed of Trust vr h.y law prv�ided or permitted, but
<br /> each sha�i be cumulati�e and sha�� be in addition ta e�ery vther remedy gi�en in this Deed vf Trus� ❑r nvw vr
<br /> herea�ter existing at law or in equity or by statute. Every pvwer or remedy gi►►en by the Note or any of the Related
<br /> Dvcuments to Trustee vr Lender or tv vuhich either ❑f them may he otherwise entitled. may be exercised,
<br /> �oncurrentiy or independently, frvm time tv time and as often as may be deemed expedien�by Trustee or Lender,
<br /> and e�ther of them may pursue incvnsistent remedies. Nvthing in this ❑eed of Trust shail be construed as
<br /> prohsbiting Lender�ram seeking a deficiency judgrnent against the Trustar ta�he�xtent such action is permitted by
<br /> law. Election by Lender ta pursue any remedy shall no� exclude pursuit o# any other rem�dy. and an electian ta
<br /> make expenditures ar to take action t❑ perfvrrn an vbliga�ion of Trustvr under this Deed of Trust, a#ter Trustor's
<br /> faiiure tv perfarm,shall nvt affect Lender's right ta de�lare a default and exercise its remedies.
<br /> Request�or Notice. Trustor, vn behal�af Trustor and Lender, hereby requests that a copy of any IVot�ce nf D�fault
<br /> and a copy of any Nvtice o�#5ai�un�ie�this ❑eed of Trust he mailed to th�rn at the ad�resses set fvrth in the first
<br /> paragraph vf this Dead of Trust.
<br /> Attorneys' Fees: E��enses. ,afi Lender institutes any suit or ac#ivn t� enfo�ce any of the terms of this ❑eed of
<br /> Trust, Lender shall be entitled to recv�er such sum as the court may adjudge reasonable as attorneys` fees at trial
<br /> and upon any appeal. V1Jhether ar nvt any court action is invo��ed. and ta the exten� nvt prohib€ted !ay �aw, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protectian ot �ts
<br /> interest ar the enf�rcement of its rights shal!be�ome a part o#the Indebtedness payahle❑n demand and shall bear
<br /> interest at the Nvte rate from the date af the expenditure until repaid. Expenses cv�ered by this paragraph in�fude,
<br /> without limitation, howe�er su�ject to any limits under applicable �aw, Lender's attorneys' fees and Lender`s legal
<br /> expenses, whether or nvt there is a lawsuit, in�luding attarneys` fees and expenses for hankruptcy prviceedings
<br /> (including eff�rts tv modify vr�acate any automati�stay or injunctionj,appeals,and any ant�cipated pvst-judgment
<br /> �o��ect�on ser�ices, the cvst of sear�hing rec�rds, ohtaining title reports Rincluding forecivsure repvrts], sur�eyors'
<br /> reports, and appraisal fees. title insurance, and ���s fvr the Trustee, to the extent permit'ted by applicable law.
<br /> Trustvr aisv will pay any court costs,in addition to a!I other sums provided by law. �
<br /> Rights of Trustee. Trustee shall ha�e all❑f the rights and duti�s o�Lender as set fvrth in this sec�ion.
<br /> PaV11ERS AND DBLlGATI�]W5 �F TRUSTEE. The following prv�isivns re�ating tv the powers and ab�igativns�f Trustee
<br /> are par�vf this Deed vf Trust:
<br /> Pvwers vf Trustee. In addition to all powers of Trustee arising as a matter af law, Trustee sha�l ha�e th�power tv
<br /> take the follawing actions with respect to the Property upon the wr�tten reques�af Lender and T�ustor: {a}jain in
<br /> preparing and fi�ing a map or plat of the Real Praperty, in�luding the dedi�ativn of strset� or oth�r rights to the
<br /> public; th� join in granting any easernsnt ar creating any restriction an the Real Pr�perty; and �G) �oin in any
<br /> subordfnation❑r ather agreement af�ectEng this Deed of Trust or th�in�erest�f Lender under�his Deed af Yrus�.
<br /> Trustee. Trustee shall meet a�� qua��f}�ations required for Trustee under appi�cable �aw. I n addi�ion t❑ �he rights
<br /> and remedies set fvrth aho�e, with respect to a�! or any part of the Property, the Trustee shall ha�e the rtght ta
<br /> foreclvse tay notice and sale, and Lender shall have the right to foreclose by judi�ial fore�lvsure. in either cas� in
<br /> accordance with and tv the full extent prv�ided by applicable�aw.
<br /> 5uccessor Trustee. Lender� at Lender's opti�n, may fram time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender �nd recorded in the
<br /> affice of the recorder of Hall County. 5tate vf Nebraska. The instrument shall cvn�ain. in addition to all other
<br /> matters required hy state �aw, the narnes of the original Lender, Trustee, and Trusto�, the bvvk and page I�r
<br /> computer system referencsf whe�e this ❑eed of Trust is recarded, and the narne and addr�ss�vf,th� suEcgss�r
<br /> trus�ee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed❑f Trust or
<br /> their suc�essors in interest. The successor trustee, without cvn�eyance o�the Property, sha!! su��eed to all the
<br /> title, pawer,and duties conferr�d upvn the Trustee in this❑eed a#Trust�nd by appli�able�aw. This pracedure far
<br /> subst�tution of Truste�shall gn�ern to the ex�lusion of a�l ather pro�isivns for substitution.
<br /> NOTIGES. Any notice required ta he g�ven under this ❑eed ❑f Trust, including withvu� limitat�on any nvtice of default
<br /> and any nvtice af sale shall be gi�en in writing, and shall be eff�ctive when actuafly deli���ed, when a�#ually recei�ed
<br /> hy telefa�simile{unlsss othsruvtse required by lawy.when deposi#ed with a nati�naily recagnized o�ernight courier�or� if
<br /> mailed. when d�pasited in the Uni�ed States rnail, as#irst cfass, certified or registered rnail�postage prepaid, directed to
<br /> the addresses shawn near the beginning of this Deed of Trust. A�I copies of natices vf fore�losure from the holder vf
<br /> any lien which has priar�ty o�er this Deed af Trust shall be sent tv Lender's address, as shown n�er the b�aginrring of
<br /> this Deed �f Trust. Any party may change its address fvr natices under this Dged ❑f Trust by gi��ng �armal written
<br /> n�tice to the other par#ies, specEfying that the purpose vf th� notice is to change the party's address. For notice
<br /> pu�pvses.Trustvr agrees tv keep Len�er informed at alf tirnes �f Trustar's �urrent address. Unless atherwise pr��ided
<br /> or r�quirsd by law, if thers is mare than one Trustor, any notice gi►►en by Lender to any T�ustor is deemed t❑ b� notice
<br /> gi�en ta all Trus#ars.
<br /> Ml5CELLANE�l15 PR�V�S1aNS. The following miscellaneous prv►►isivns ace a part vf this Deed❑#Trust:
<br /> Amendments. This Desd of Trust,together with any Related Dvcuments, �onstitutes the entire underst�nding and
<br /> agreement of the parties as to the matters set fivrth in#his Deed of Trust, N❑ alterat�on �fi or�mendment to th�s
<br /> Deed of Trust shall �e ef�ecti�e unless gi�en in wrating and signed by the party or parties saught to be charged or
<br /> bvund by th�alteratian ar amendment,
<br /> Annual Reports. lf the Prop�rty is used for purposes ather than Trustor's residence, Trustar sh�l! furnish to
<br /> Lender� upon request. a certified statement of net vperating incorng re�ei�ed frvm #he Prvperty during Trustvr's
<br /> pre�iaus fis�a� ysar in such form and detail as Lender shall requite. "N�t vperating income" shell mean �!I cash
<br /> receipts fr�m the Praperty lass all cash expenditures madg in connection with the operation of the Prvperty.
<br /> C�ption Headings. Captivn headings in this Deed ofi Trust are �or con�enience purpvses only end arg nvt �o be �
<br /> used ta interpret ar define the pro�isians af this Deed of Trust,
<br /> IVlerger. There shall be no merger of the interest af estate created by this Deed❑f Trust with any❑ther interest ar
<br /> estate in the Property at any tim�held by or far the benefit of Lender�n any capacity, withaut the written cansent
<br /> vf Lender.
<br /> Governing Law. This Deed of Trust will be go�erned hy federal iew applicable ta L�nder �nd, tv the extenfi not
<br /> preempted by federal�aw,#he laws of the 5tate v�Nebraska wi#hout regard tv its confiicts vf!aw provisians. This
<br /> []eed o�Trust has heen accepted by Lender in the State af Nebraska.
<br /> Choice af Venue. !f there is a iawsuit, Trustor agrees upvn Lender's request to suhmit to the �urisdi�tian of the
<br /> courts of Bufifia�v�ounty, State of Nebraska.
<br /> Na Vllai�er by Lender. Lender shafl not ba deemed tv ha�e wai�ed any�ights under th�s Deed of Trust uniess su�h
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