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2� 1 7�2 7�2
<br /> DEED C3F TRUST
<br /> Lra�n No: 1 D'13�417 2 �CDntitlu�d} �age 8
<br /> either Qf tt�em may in their absoiute discretion determine, Na remedy conferr�d upon or reser�ed to Truste� ar
<br /> Lender, is intended ta be exGlusi�e of �ny ❑�her rem�dy in �his Deed af Trust or ay la� pro�ided or permitt�d, but
<br /> each shall be cumulati�e and shall be ir� additi�n t❑ e�ery ather remedy gi�en in this Deed af Trust or now or
<br /> h�reafter�xisting at law �r in equity or by statute. E�ery power or remedy gi�en by the N�te ❑r any�f the Related
<br /> L�ocuments t� Truste� or L�nder nr to which �ither of them may he otherwis� entit�ed, may kae ex�rcised,
<br /> con�urrently ❑r independ�ntiy, from tim� t❑ time and as oft�n as may �e deem�d exp�dient by Trus��e or Lender,
<br /> and either of them may pursue inconsistent r�medies. Nothing in this Deed af Trust shaii b� construed as
<br /> prohibiting Lender from seeking a deficiency judgm�nt against the Trust�r tv the ex�ent such action is p�rmitted by
<br /> law. Electian by Lender tc� �ursue any remedy �hall not exclude pursuit of any other remedy, and an �lection to
<br /> make expenditures or ta tal�� a�tion tQ perfQrm an abligati�n af Trustor under this Qe�d �f Trust, affie� Tru�tar's
<br /> failure to perfiorm, shall not affect Lender's right t❑declare a default and exercise its remedi�s.
<br /> Requ�st fvr Notice. Trustnr, on �ehaff o#Trustar and Lender, hereby requests that a copy ❑f any Notice of Defauit
<br /> and a ��py ❑f any Notice ❑f Sale und�r this Deed af Trust be mail�d to them at the addresses set f�rth in th� first
<br /> paragraph ❑f this ❑�ed of Trust.
<br /> Attorneys' Fees; Expenses. ff Lender institutes any suit or activn ta enfor�e any of the terms ❑f this [�eed of
<br /> Trust, Lender shall be entizled t❑ re�o�er such sum as the court may adjudge reasonahle as attorneys' fees at trial
<br /> and u�on any appeal. Wh��her ❑r not any Gourt action is in�ol��d, and tn the exten� n�t prahibited by fa�rv, all
<br /> reasonabi� exp�nses Lend�r incurs �khat in Lender's apinion are neGessary at any time f�r the prnte�tion ❑� i�s
<br /> inter�st�r the enfarcement af its righ�s shall became a part af the lndebtedness payab�e on demand and shall bear
<br /> interest at the Note rate trom the d�te af the expenditur� until repaid. Expenses �o�ered by this paragraph inGlude,
<br /> withaut limitatian, hawever subject t❑ any limits under applicable law, Lend�r's attarneys' fee� and Lender's legal
<br /> expens��, wheth�r ar nat there is a I�wsuit, incfuding attQrneys' fe�s and expenses for bar�kruptGy prac�edings
<br /> (inc�uding efforts to m�dify ar �acate any automari� stay or �njunct�anyr app�afs, �nd any ant+cipa�ed post-judgment
<br /> calle�tian ser�ices, the �ast Qf searching records, abtaining titl� reports {including fore�lasure repvrts�, sur�ey�rs'
<br /> reports, and appr�aisaf fees, title insurance, and fees �vr the Trustee, to �he extent permitted by applicable law.
<br /> Trustor als❑ w+ll �ay �ny caur� Casts, in additian to all other surr�s provid�d by lav�r.
<br /> Rights af Trustee. Trustee shall ha�e afl af the rights and duties of Lender as set �orth in th+s s�ction.
<br /> P[�VIJERS AND ❑BLIGATIQNS DF TRIJSTEE. The foilowing pro�isions relating t� the pow�rs and ❑�li�ations af Trustee
<br /> are part of this Deed �f Trust:
<br /> Powers of Trustee. In addition �❑ ail powers of Trustee ari�ing as a matter o# law, Trustee shall ha�e the power to
<br /> take the following actions with respe�t to the Praperty upon the written request ❑f Lend�r and Tru�tor: �a� jtiin in
<br /> prep�ring and filing a m�p ❑r plat �f th� Real Praperty, includFng the dedi�ation of streets �r other rights to the
<br /> public, �b} join in �ranting any easement or cre�ting an� res�ricti�n Qn the Re�i Prop�rty; and {c� join in any
<br /> suhordin�tion or ather agre�m�nt affecting this Deed �t Trust❑r the interest af LEnder under this �eed ❑f Trust.
<br /> Trustee. Trustee shall meet a[I quali���afions required far Trustee under appli�able law. In additi�n t❑ the rights
<br /> and rem�dies s�t f�rth a�o�e, with respect t❑ all ar any part af the Praperty, the Trustee sh�ll ha�e the right t❑
<br /> foreclose by notice and sale, and Lend�r shalf have the ri�ht to foreclose by judicial foreclasure, in esther cas� in
<br /> accordance with and to the �ul! extent pro�ided by appficable la�rv.
<br /> Successa�r Trustee. Lender, at L�nder's aption, may fram time to time appoint a successor Trustee t� any Tru�tee
<br /> appointed under this Deed of Trust by an instrumen� executed and acknowledged by Lend�r �nd recorded in the
<br /> ❑��i�e ❑f th� recarder ❑f HALL �ounty, Stat� of Nebraska. The instrument shall contain, in additi�n �c� all �ther
<br /> matt�rs required by state law, the names of th� original Lender, Trustee, and Trustar, �he book and page �ar
<br /> computer system reference� where this Deed af Trust is re�vrded, and the n�me and address of th� �uccessor
<br /> trustee, and the instrument shall be exe�ut�d and acknowledged by all the benefi�iari�s under this Deed af Trust or
<br /> their successars in interest. �he succes�ar trust��, w�thaut con�eyance of the F�roperty, sh�l� succeed t� al� the
<br /> title, pawer, and duties confi�rred upon the Truste� in this Deed af Trust and by applicable law. Th�s �rocedur� for
<br /> substitution ❑f Trustee sha�l go�ern to the ex�lusian af all ather pro�+s+ons fo�su�stituti�n.
<br /> N�TICES. Any natice requir�d t� be gi��n under this De�d ❑f Trust, including with�ut limitation any notic� nf default
<br /> and any notic� af sale shall be gi�en in writing, and shall b� effec�i�e when actually deli�ered, wh�en actua!!y recei�ed
<br /> by telefacsimile {unless ❑�herwise required by lawf, when depasited with a nationally recvgnized o�ernight courier, or, if
<br /> maifed, when deposi�ed in the Un�ted States mail, as first class, �ertified or registered mail postage prepaid, directed ta
<br /> the addresses shown near the beginnEng nf this Deed �f Trust. All capies of notice� of foreclflsure from the holder of
<br /> any lien which has priQrity o�er this ❑�ed vf Trust shall �e sent �a Lend�r's �ddress, as sha�rvn near th� b�ginning ❑f
<br /> thi� Deed ❑� Trust. Any party may change its address #or notic�s under �his ❑e�d ofi Trust by gi��ng formal written
<br /> natice #a �he other parties, speci�ying that the purpase ❑f the notice is ta change the party's address. For noti�e
<br /> purposes, Trustvr agr�es tca keep Lender in��rmed at all times ❑f Trustor's current ar�dress. �nless otherwise provided
<br /> ❑r required by iaw, if ther� is m�re than one Trustor, any n�tice gi��n by L�nder ta any Trustor is deemed ta be not�c�
<br /> gi��n ta all Trustars.
<br /> M1�CELLANE�US PRflVISIQNS. The fallowing mis�e�laneaus pra�is�ons are a part af this Deed of Trust:
<br /> Amendmen�s. This aeed of Trus�, together with any Related Documents, constitute� the �ntire understanding and
<br /> agreem�nt af the parties as to the matt�rs set fiorth in thi� C7�ed of Trust. Na a�t�ra��on �� ar amendment t❑ this
<br /> Deed o�Trust shall be effecti�e unless gi�en in writin� and sign�d by rh� party or parties sought ta be char�ed or
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