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2� 17�2791
<br /> �EED �F TRUST
<br /> ��ontinued� �age �
<br /> any laws nvw vr hereafter in force; notwithstanding, som� vr all o�such indebtedness and abfigations secured by
<br /> this Deed of Trust may nvw or hereafter be othe�wise secu�ed, whether by mortgage, deed o�trust, pledge, lien,
<br /> assignment or vtherwise. Neither th� acceptance vf this �eed vfi Trust nar i�s enforcement, whethar by �ourt
<br /> actean or pursuant�o the power o�sa�e or vther pow�rs cvntained in this Deed vf Trust, shal� prejudice or in any
<br /> manner af�ect Trustee's ❑r Lender's right tv rea�i�e upon ar enforce any other security now or he�eaf�er held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of�hem, sha[f be entitled to enforce this Deed
<br /> v� Trust and any other security now or hereafter held by Lender or Trustee in �uch order and mannsr as they or
<br /> eithgr vf them may in the�r absalute discre�ion de�ermine. No remedy con�er�ed upon or r�ser�ed fi❑ Trustee or
<br /> Lender, is intended to he exclus��e of any o�her remedy in this ❑eed of Trust or by law prv�ided or permitted, but
<br /> each shall be cumulati�e and shall be in addi�i�n �o every other rem�dy gi�en in this Deed vf Trust or now or
<br /> her�af�er existing at law or in equi�y or by s�a�u�e. E�ery p�wer or rsm�dy gi��n by the Note or any❑f the R�lated
<br /> Documents ta Trustee vr Lender ❑r �a which either of them may f�e otherwise entitled, rnay be exe�cised,
<br /> c�r�curren�ly ❑r ind�p�nd�ntly, fram time to time and as aften as may l�� d��med expedient by Truste� or Lender,
<br /> and either of them may pursue inconsisten� remedies. No#hing in th�s Deed o� Trust shall be canstrued as
<br /> prohibiting Lender�ram �eeking a de#iciency judgmen�against the Trustvr to th� extent such action is permitted by
<br /> law. Elec�ion by Lend�r to pu�sue any remedy shall not exclude pursuit of any �th�r rem�dy� and an election to
<br /> mal�e expendi�ures or ta take actian to perfvrm an obliga€ivn of Trustor under th'rs Deed of T�-ust, after Trustor's
<br /> failure�a perform, sha�{ not a�fect Lender's righ�t❑declare a default and exercise its remed�es.
<br /> Request far No�i�e. Trusto�, on beha�f of Trustar and Lender, hereby requests that a copy of any Na�ic�of De�auit
<br /> and a copy vf any N�tic� o�Sale under this Deed of Trus� be mailed to them at the addresses set fvrth in the �F�rst
<br /> pa�ag�aph of�his Deed af Trust.
<br /> Att�rneys' Fees; Expenses. I� Lender institutes any suit vr a��ion �a enforce any of the terms of �his Deed o�
<br /> Trust, Lender shall be entit[�d to reca�er such sum as the court may ad�udge reasonabfe as attorneys' fees at tria€
<br /> and upan any appeal. Whether ar not any cvurt acti�n �s in�ol�ed, and ta �he ex�ent not pr�hihited by law, all
<br /> reasanable expenses Lender incurs that in Lender's opinion are n�cessary a� any time #ar �he prvtection of its
<br /> interest or the en#flrcement�f i�s rights shaff become a part o��he Inde�tedness payable on demand an�l shall bear
<br /> int�rest at the Note rate from�he date of the expenditure unti� r�paid. Expenses co�ered by�his paragraph include,
<br /> wi�hou� limitation, hawe�er subject to any limits und�r app��cah[e law, Lender's attorneys' �ees and L�nder's legal
<br /> expenses, wheth�r or nnt there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �including efforts to mod��y or�aca�e any automatic stay❑r injunct�on�, appea�s, and any an�icipafied post-judgment
<br /> cv��ection ser�ices, the �ost a# searching re�vrds, obtaining title reports �in�iuding �o�eclosure reportsy� sur�eyvrs'
<br /> reports, and appraisal fees, �itie insurance, and �ees �or the Trustee, to the extent permitted by ap�lica�le law.
<br /> Trustar also will pay any court costs, in addition to all o�her sums pro�ided by faw.
<br /> Rights❑f Trus�ee. Trustee sha�� ha�e a�l�f the rights and du�ies of Lender as set forth �n this section.
<br /> P�VIIERS AND OBLIGAT��NS �F TRUSTEE. The �ollowing pro�isions rela�ing �o the pvwers and ohiigations of Truste�
<br /> are part of this Deed of Trust:
<br /> Powers v�Trustee. �n additian t� aff powers o�Trustee arising as a matter of�avv, Trustee shall ha�� the power to
<br /> take the fo!l�wing action� wi�h respe�t tv the Property upon th� wr�tten reques�of Lender and Trustor: �a� join in
<br /> preparing and �iling a map or plat of the Real Property, including the dedication of stree�s �r �ther �ights to the
<br /> public; �by �oin in granting any easemen# or creating any restriction on the Real Proper�y; and �c� join in any
<br /> subordina�ion or other agreement affe��ing�his Deed of Trust or the inte��st o�Lender under this Deed of T�ust.
<br /> Trus#ee. Trustee sha�l meet a�! qualificatians required for Trustee under applicab�� �aw. f n addi�ion to th� rights
<br /> � and remedies set forth ab�v�, w�th r�spect to all ar any par� of �he Prop�rty, the Trustee shall ha�e �he right to
<br /> forec�ose by nv�ice and sale, and Lende� shaii ha�e the righ� to foreclose by judi�ial f�reclosu�e, in either case in
<br /> accardance with and to the fufl extent p�a��ded �y applicable law.
<br /> 5uccesso�Trustee. Lender, at Lender's vption, may #rom��m�t�time appaint a successor Trus#ee�a any Trus�ee
<br /> appointed under this ❑eed af Trus� by an ins#rument executed and acknowledged by Lender and recarded in the
<br /> o��ice af �he rec�rder of Hall County, 5tate of Nebraska. The instrument sha�i contain, in additivn �v a�� other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the �aovk and page 4or
<br /> compute� system referen�e� where �his �eed o�F Trust �s recorded, and the name and address �f the successor
<br /> firustee, and the ins�rument shaff be�x�cuted and acknowledged hy all the beneficiaries unde�this ae�d of Trust or
<br /> their su�cessars in �nterest. The successor trustee, w�thout con�eyanc� o# th� Prvperty, shali succe�d to all the
<br /> title, pow�r, and duties conferred upon the Trust�� in�his �eed o�Trust and by applicable �aw. This p�acedure#or
<br /> subs�i�utivn�f Trustee shall ga�ern to th�exclusion o�all other pro�is�ons#or substitution.
<br /> N�TICES. Any notice required ta }�e gi�en under�his Deed �f Trust, inc[ud�ng without limi�ation any notice of de#ault
<br /> and any notice of sale shaff be gi�en in writing, and shall be effecti�e when actuaffy defi�ered, when a��ually recei�ed
<br /> by telefacsimi�e �unless o�herwise requ�r�d hy law}, w�en depasited wi�h a na�ianally recognized a�ernight courier, �r, i�
<br /> mailed, when dep�sited in�h� Uni�ed Sta#�s maif, as first class, certified or registered mail postage prepa�d, direc�ed to
<br /> the addresses sh�wn near the beginning �f this Deed of Trust. A�! copies af not�ces of fioreclosure fram the holder of
<br /> any fien which has pr�ority v�er this Deed af Trust shaff he sent to Lender's address, as shown near �he �eginning of
<br /> �his ❑eed �f Trust. Any party may �hange i�s address �rar notices under th�s Deed o� Trust by gi�ing formaf written
<br /> natice 'tfl the o�her parties, spec�#ying that the purpase of the notice is to chang� �h� party's address. F�r not�ce
<br /> purp�s�s, Trus�or agrees to keep Lender in�ormed at all times ❑f Trustvr's �urrent addre�s. Unless otherwise pro�id�d
<br /> vr required by law, if there is mv�� than ane Trustor, any notice gi�en by Lender�o any Trustor is deemed �v be notice
<br /> gi�en to aff Trustors.
<br /> M15CELLANEflUS PRDV1StqN5. The following miscef�an�ous pro�isivns are a part af�his Deed of Trust:
<br /> Amendments. This Deed ofr Trus�, together with any Related Documents, �onst+tutes the entire unders�anding and
<br /> agreemen� of the part�es as to the ma��ers se� fvrth in fihis Deed �f Trust. No a�terat�an of or amendment to th�s
<br /> De�d vf Trus�shafl be e�fecti�e unl�ss gi��n in v�ri�ing and signed by the party vr parties sought to be charged �r
<br /> bound �y the al�era�ion or amendment.
<br /> Annua! Reports. ff the Property is us�d �or purposes ather than Trus�or`s residence, Trustor shall furnish ta
<br /> Lender, upon �equest, a certified statement of n�t aperating income receiued from the Property durin� Trustar's
<br /> pre�ious fiscal year in such form and detail as Lender shalf require. "Net ope�ating in�ome" sha(f inean all cash
<br /> re�eipts from the Property iess a�1 cash expendi�ures made in connectian with the�peratian v#�he Property.
<br /> Captian Headings. Capti�n h�adings in this Deed of Trust are �or con�enien�e purposes ❑nly and are not to be
<br /> us�d to interpret or de�ine the pro��sians o�this Deed o�f Trus�.
<br /> Merger. There shall he n� merger o�the infierest or es�a�e crea�ed hy this D�ed vf Trust with any o�her int�rest o�
<br /> estate in the Property at any t�me heid by or �or the benefit of Lender in any capacity, without the wri��en consent
<br /> o�L�nder.
<br /> Go�erning Law, This Deed vf Trust will be goWerr�ed by federai [aw applicable #o L�nder and, to the extent no#
<br /> preempted by#ec�eral �aw.#he laws vf the 5tate of Nebraska withvut regard to i�s confli�ts vf law provisions. This
<br /> Deed of Trust has been accepted hy Lender in the Sta#e of Nebraska.
<br /> Choice o'� Venue. If �here is a lawsuit, Trustar agrees upon Lender's reques� �o submit to th� jurisdiGtion of th�
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