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2� 17�2�88
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<br /> aEEa oF TRusT
<br /> �Cantinued� Page �
<br /> assignment or otherwise, Neither the acceptance fl� this ❑eed ❑f Trust nor its en�orcem�nt, wheth�r by court
<br /> ac�ion �r pursuant to the pvwe�a�se�e ar�#her powers con�ained in this Deed ❑f Trust. shall pr�judiGe or in any
<br /> manner a��ect Trustee's or L�nd�r's right to realize upon vr enforGe any other se�urity nvw or hereafter heid by
<br /> Trustee ar Lend�r,it being agreed that Trustee and Lender. and each❑f them, shall be entitled to enfar�e this�eed
<br /> vfi T�ust and any vther security nvw ❑r hereafter held by Lgnder or Trustee in such order and rnanner as they or
<br /> e�ther of them may in their ahsvlute discretifln determine. No remedy cvnferred upon vr res�r�ed to Trust�e or
<br /> Lender, is intend�d to be exclusi�e�f any other remedy in this Deed af Trust or b.y law prv�ided or permi�ted, but
<br /> ea�h shal� be cumulati�e and shai� he in addition tv e�ery other remedy gi�en in this D�ed �� Trust ar naw or
<br /> hereafter existing at iaw or in equity or by statute. E�ery pvwe�❑r r�rnedy gi�en by the N�#e ar any of the Related
<br /> Dvcuments to Trustee ❑r Lender nr tv which either of thern may b� otherwise entitled, may be exercised,
<br /> �vncurrently vr independent�y� fr�m t�me to time and as often as may be deern�d expedient by Trustee or Lender,
<br /> and either of them mey pursu� incvnsistent remedies. Nathing in this ❑eed vf Trust shall be construed as
<br /> prvhibiting Lender from seeking a deficiency}udgment against the Trustvr to�he extent such activn is permi#ted by
<br /> �aw. Ele�tion by Lender to pursue any remedy shall not exclude pursuit�f any other r�medy, and an electian ta
<br /> make expenditures ❑r ta tak� actian to perform an ❑b�igation vf Tru�tvr under this �e�d af Trust, aft�r Trustor's
<br /> faiiure to perform,shal�not affe�t Lender's right tv declare a defiault and exercise its remedies.
<br /> f�equest for Notice. Trus#or,on behalf of Trus#or and Lender� her�by requests thet a copy vf any Notice of Default
<br /> and a copy of any Nati�e of Sa�e under this Deed of Trust be mailed ta them at the a�dresses set forth in the first
<br /> parag�aph of this Deed of Trust.
<br /> Attorneys' Fees; E�penses. �f Lender institutes any suit ❑r action to enforce any af the terms of this ❑eed Qf
<br /> Trus�, Lender shalf be entitled to recover such sum as the caurt rnay adjudge reasvnab�e as attorneys' fees at tria!
<br /> and upvn any appeal. 1ll�hether or not any caurt actian is in�vl�ed, and to the extent nat prohihit�d by 1aw, alf
<br /> reasonable �xpenses Lender incurs that in Lender's op�nian are necessary at any tirne far the prvtectian vf its
<br /> interest a�the enfvresment af�its rights shall becvme a part vf the Indehtedness payable an demand and shall bear
<br /> interest at the Note rate#rvm#he date�f the expenditure until repaid. Expenses c��ered �y this paragraph include,
<br /> without lirnitatian, h�we�er subject to any limits unde�appiicable law� Lender's attorneys' #ees�nd Lender's lega!
<br /> expenses. whether or nat there is a lawsuit. including attorneys' ��es and expenses for hankruptcy proceedings
<br /> tincluding efforts to madify or�acate any aUtarnatic stay ar inyunction}�app�als. and any anti�ipated post-judgment
<br /> cvllectivn ser�ices, the cost v#searching records, �btainir�g ti#le rep�rts �including forec�asure r�ports}, surveyors`
<br /> reports, and appraisal fees, titie insurance. and '�ees far the Trustee, tv the ext�nt permitted by appii�able iaw,
<br /> Trustor also will pay any court casts, in addi�ivn ta all vther sums pro�ided by law. �
<br /> Righ#s�f Trustee. Trustee shali ha�e all af the rights and duttes af Lender as set farth in this se�tinn.
<br /> P�WERS AND OBLIGATI�NS �F TRUSTEE. The�Fo�lowing pr��is��ns relating ta the powers and ob�igatkons af Trustee
<br /> are part of this Deed of Trust:
<br /> Powers af Trustee. In addition tv all powers❑f Trustee arising as a matter of law,Trustee shall have the pvwer to
<br /> take th�fvllvwing actions with respect to th� Property upan the wrEtten request af Lender and Trustnr: {af�vin in
<br /> preparing and filing a map vr piat af the Real Prvperty, in�ludin� the dedicatian of streets ar �ther �-i�hts tv the
<br /> publi�; {bf join in granting any easement or creating any restricti�n on the Real Property; and �c� join in any
<br /> subo�d;nation or o�her agreement affecting this C�eed of Trust or the interest of Lender under this D�ed of Trust.
<br /> Trust��. Trustee shall meet ail qualificatians required fvr Trus#ee under applicable law. In add#ti�n to the rEghts
<br /> and remedies set fvrth aba�e, with respe�t to all or any part of th� Proper�ty, ths Trustee shal! ha�e the right to
<br /> forec�ose �y notice and sale, and Lender shall ha�e the right tv foreclase by judicial foreclosure. in either case �n
<br /> accordan�e wi�h and ta�he fulf extent pro►►ided hy applicabie law.
<br /> Suc�essvr Trustee. Lende�, at Lende�'s option,rnay��am time to time appoint a succ�ssv�Trust�e#o any Trustee
<br /> appointed under this Deed of Trust by an instrument executed anci acknowledged by Lender and rgcvrded in th�
<br /> aff�ce of the recorder af Hall Cvunty. State of Nebraska. The instrument shall �onta�in� in addition to a�� o#her
<br /> matters required by state �aw, the names of the vrigina� Lender, Trustee, and Trustor, the bvak and page �ar
<br /> computer system referencef where this Deed o� Trust is re�arded, and the name and address n#the successvr
<br /> #rustee, and the instrumen�t shaf�be executed and acknawledged by a��the beneficiaries under this❑eed of Trust�r
<br /> their successors �n interest. The succ�ss�r trustee� without con►►eyance of the Praperty� sha11 suc�eed #o alI the
<br /> title, pvwer,and duties conferred upon the Trustee in this Deed of Trust and by applicahle few. This pro�edure for
<br /> substitution of Trus�ee shall gflvern tv th�exclusion of all other pro�isivns for substituti�n,
<br /> NDT�CES. Any notice required to be gi�en under this �eed of Trust. in�luding wi#hout limitation �ny n�tice of dafault
<br /> and any nvti�e �f sale shall b� given in writing, and shall be effecti�e when actually deli�ered, when a�tua�ly recei►red
<br /> hy telefacsimil�tun�ess otherwtse required by law�. when depositsd with a nativnally reGognized o�ernight caurier.or. if
<br /> maised, when deposited in the United States mait, as first c�ass.certified or registered rnail pvstage prepaid,dtrected to
<br /> the addresses shov►►n near the beginning of this Deed vf Trus#. All capies of not�ces of tQreclosure frnm the hvlder of
<br /> any li�n which has priar�ty a�er this Dged vf Trust shali bB sent to Lender's address, as shvwn neBr the bgginning o�
<br /> this Deed of Trust. Any party may change �ts address fa� notices under this !]esd �f Trust by gi�ing formal writ#sn
<br /> notice to the vther parties, specifying that the purpase of the not�ce is to change the party's add�ess. For natice
<br /> purposes, Trustor agrses ta keep Lender infarmed at al!times of Trust�r's current address. Unless otherwise pravided
<br /> o��e�u;red by �avu. if the��is more than�ne Trustoc, any not�c�giv�n by Lende�to any T�usto�is de�rxtad t� be notice
<br /> gi�en tv all Trustors.
<br /> MiSCELLANE�U5 PRDVISI�NS. The following mi9�ellaneous�rv�isions are a part af this Deed af Trust:
<br /> Amandments. This Deed o�Trust,together wi�h any Related Da�uments, cons#itutes the entire understand�ng and
<br /> agreement of the parties as to the matters se#fvr#h in this Deed af Trust. Na al�arati�n o�vr amendment ta this
<br /> Deed af Trust shall be effecti�e unless given in writing and aigned by the party or p�rties saught ta be aharged or
<br /> �ound by the afterativn or amendment.
<br /> Annual Repvrts. If th� Property is used #ar pucposes other than Trustor's residence, Trustor sha1� furnish t❑
<br /> Lender, upon request, a certified statement v'� net aperatin� incame rece��ed frvm the Property dur�ng Yrus�or's
<br /> pre��ous fis�al year in such form and detail as Lender shafl require. "Net �perating inc�me" shall mean �!� cash
<br /> receipts from the Praperty less all cash expenditures made in�vnnecti�n with the aperation of the Praperty.
<br /> Captivn Headings. Caption headings in this Deed of Trust are for con�enience purposes only and are not t❑ be �
<br /> used to interpret or define the p�o�is�ons af this Deed o�Trust.
<br /> IVlerger. There shall be no merger of the interest or estate crea#ed by this❑eed of Trust w�th any other interest or
<br /> estate in the Property�t any time held by or for the benefit of Lender in any capacity, without�he written consent
<br /> vf Lender.
<br /> Go�erning Law. This Deed vf Trust will be go�erned by federai law app�icable to Lender and. to th� extent nvt
<br /> preempted by federa�iaw,the laws of the Stafe vf Nebraska without regard tv its�onf�i�ts af law prvvisions. This
<br /> Deed of Trust has been accapted by Lender in the 5tate of Nebraska.
<br /> Choice �f Venue. if #here is a lawsuit, Trusta� agrees up�n Lend�r's r�qu�st to submit to �he jurisdiction af the
<br /> caurts o�Bu�falv CountY, 5tate❑f Nebraska.
<br /> Nv 1Naiver hy Lender. Lender shall not be�eemed to have wai�ed any rights under this Deed of Trus�unless such
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