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DEED OF TRUST 200208678 Pages
<br />Loan Nut 34499 (Continued)
<br />such Indebtedness and obligations secured by this Dead of Trust may now or herealter be olhewiso auction, whether by mortgage, used of
<br />trust, plodgo, lion, asslgnmant or olhorwiso. Noilher the acceptance of this Dead of Trust nor Its onforcomenl, whether by court action or
<br />pursuant to Abe power of sale or other powem contained in this Doatl of Trust, shall prejudice or In any Insider affect Trustee 'a or Londe, 'a
<br />right to realize upon or enforce any other serially now or hereafter hold by l'ruetee or lOoddl- it being agreed that Trustee and Lander, and
<br />each of them, shell be entitled to enforce this Decd of Trust am any older security now or hereafter held by Lando, or Trustee in such order
<br />and Mannar as they or either Of them may in per absolute discretion determine. No romody conferred upon or reservoir to Trustee or
<br />Londe, Is Intended to be exclusive of any other remedy In this Dead of Trust Cr by law provided or permitted, but each shall be cumulative
<br />and shall be In addition to ovary other remedy given In INS Dead of Trust or now or hereafter existing al law or In of the of by Ad ot. Every
<br />pawn, or mmody given by the Nola or any of the Rotated Documents to Trustee or Lontlor or to which allbma of Unnn may hp eherwlso
<br />entitled, may be indicator, coneunonay or Indopeadornly, Irani time to nine ono os often rte may Us doomed expedient by'fruamo or Lander,
<br />and uiWor of them may pursue inconsistent reddi Ni In this Dead of Trust Shall led conavued as prohbaing Lander Irom seeking o
<br />dMieionoy jutlgmenl against the Truster to the extent such action Is pnnnlllW by law.
<br />Election of Remedies, All of Lender's rights and amodea will be cumulative and may be uxdrelsed alone or I ... the,. If Lander decides to
<br />spend nwnay or is perform any of Truster's obligations under this Dead of Trust, after Tudor s failure to do so. that decision by Lander will
<br />not allaal Lender's fight to cooled Truster In al lnwt and to exercise Lenders remedies.
<br />Request for Notice. Truslor, air behalf of'I'order and Lender, haraby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Slid under this Dead o! Trust be mulled to then at the addresses sot forth In tiro lust paragraph of this Doan of Trust.
<br />Attorneys' Fees; Expenses. If I.Ondor institutes any suit or action to enforce any of the forms at this Dead of Trust. Lender Shall be omitted
<br />to recover Such sum as the court may adjudge reasonable Is attorneys' loss at trial ed upon any appeal. Whether or not any court action fs
<br />Involved and to the extent not pruhiullud by law, all reasonable expenses Lander Incurs that In Landera opinion are dtfi dry al any Ions
<br />for the protection of its interest or the enforcement of Its rights shall become a part of Ida Indeblsdnoss payable on demand and shall bear
<br />interest at the Nola rata Irom the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lander's attorneys' lees and Lender 'a 109.1 expenses, whether o, not there Is a lawsuit,
<br />including ehorneys' lees and expenses for bankruptcy proceedings (including allots to Mo dy or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post-judgment collection SONICes, tiro cost of searching records, obtaining title reports Including loraclosure
<br />reports), surveyors' reports, and appraisal lees, title Insurance and fees lot the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, In addition to all other sums provided by low.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lander as set forth In this section.
<br />PowrIS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to fill Powers of Trustee arising as n matter of law, Trustee shall have the power to lake the following actions
<br />with respect to the Property upon the written request of Lender and Truster: (a) join In preparing and filing a Map or plat of the Real
<br />Pmdorly, including the dedication of streets or other rights to the public: A) loin In granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any Subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of
<br />Trust
<br />Trustee. Trustee shall moot all qualifications required for Trustee under applicable law. In addition to the rights and rummies set forth
<br />above, with respect to all or any pan of the Propody, the Trustee shall have No right to foreclose b•,r notice and sale, and Lender will have the
<br />right to foreclose by judicial forocbsuao, In either case In accordance with and to the lull extent provided by applicable low.
<br />Successor Trustee. Lender, alt Lender's option, my from time h time appoint a successor Trustee to any Trustee appointed under this
<br />Dead of Trust by an instrument executed and acknowledged by Lender and Model In she office of the recorder of Hell County. Stale of
<br />Nebraska. The instrument shall contain, In addition to all color matters required by stela law, the homes of the original Lander, Trustee. and
<br />i order, the book and page (or computer system reference) whom this Dam of Trost Is mcoul and Ida name and address of the
<br />successor inside, and the Insimmont shall be executed and acknowtm9ed by all the beneficiaries under this Dem of Trust or Nair
<br />successors In interest. 1'he successor trustee. without convoyanco of the Property shelf succeed to all the title, power, and duties eonfemm
<br />upon lira Trustee fn this Deed of Trust and by applicable taw. This procedure for substitution of Trustee shall govern to the exclusion at all
<br />other concision lot subfintuton.
<br />NOTICES. Any notice required to be given under this Dem of Trust, including without forlorn, any notice of dil and any notice of sate shill
<br />be given to writing, and shall ho effective when security dolivarod when actually rocaivod by mlefacsimilo (unless Mlhonvfse required by haw).
<br />when deposto i with a nationally mcognlzef Midnight courier, or, If mailed, when deposited in the United Slates mall, Be first class, coddled or
<br />rmgistnmd mall postago prepaid krused to Iho oddmssm' shown near the beginning of this Dead of Toil. All copies Of nallcas of disclosed
<br />from no Ili of any Ilan w1,10 has Priority over Ill's Dead of Tract shall loo sent to Landers address, as shown near the beginning of this Dead
<br />of fruit Any poison may ehunge Ilia or Ito, address for unicea a too, Idle Dued of Taut by giving formal wanton notleu to the Align portion or
<br />persons, sperifylng that tiro Mini of ma notion Is to chango the person's soul For notice purposes, T'm5h r agrees to keep Lantler
<br />Informed at all limos of -mefor's current address. Unless chemise corded or required by law, II there Is more !ban site Trusloa, any notice
<br />given by Lender to any Truster is doomed to be notice given to all Trusters. II will be Trusters responsibility to toll the others of [Ile notice from
<br />Londor.
<br />MISCELLANEOUS PROVISIONS. The following macoyanaous provisions are. part of this Deed of Trust:
<br />Amendments. What is written in this Dead of Trust and in the Retailer] Documents is Tnsthr. eMile agreement with Lander concarninb the
<br />,natters covered by tilts Dead of Tod. To be elfool ve, any change or amendment to this Dodd of Trust fist be In writing and must Co
<br />signed by whoever will be bound or obllgalad by the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes ooky and are not to be used to Idtarprod or define
<br />the provisions of this Deed of Trust.
<br />Merger. There shall be rte merger of the interest or estate treaded by this Dead of Trust with any other interest or Moat. In the Property at
<br />any time held by or Ion the banuld of Lender in any capacity, without file written consent of Londor.
<br />Governing law. This Deed of Trust will be governed by and Interpreted In accordance with federal law and the laws of the State of
<br />Nebraska. This Dead of Trust has been accepted by Lender In the State at Nebraska.
<br />Choice of Venue. If there is n Imwaeil, Truslor agrees upon Lender's denied to sobmil to Ida jurisdiction o1 the courts of Mornck County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obllgalfons of Genova, and Truslor Minor this Good of Trust Shall be joint and several, and all afamdcus to
<br />Trustor chtll mean ouch and every Trucial, and all missions to Bodown, shall noun each and every Borrower This moans that each
<br />burrower and Truslor elgning below Is rospwnslblo for all ot,11,11bns In this Dead of Trust.
<br />No Waiver by Lender. Truster understands Lender will not give up may Of Lender's rights under this Deed of Trust unless Lender does so in
<br />writing. The fact mat Lender delays or omits to axemis0 any right will not moan that Lender has given hip that right. If Lander does agree in
<br />writing to give up one of Lender's rights, that door not mean Trustor will not have to comply with the other provisions of this Dead of Trust.
<br />Trustor also understands that if cantor does consent to a request, that dues not moan that Truster will not have to gat Condors consonl
<br />again If the situation happens again. Truster lunhor undorstads that just Leonean Lender consents to one or more of duster's requests,
<br />that does not mean Lander will be required to consent to any of Trusior'a future requests, 'Duster wolves presentment, demand for payment,
<br />protest, and nonce of dishonor.
<br />Sevorablllly. If a court finds that any provision of lhls Lloso of Tirol Is not valid or should not be enforced, that fact by Iisoll will not moan
<br />that the rest of this Deed of Trust will not loo valid or 0nfomed. Thomlom, a court will .,,force tie real of Iho provisions of this Dom of Trust
<br />oven it a prevision of this Dead of Trust may be found to be invalid or unenforceable.
<br />Successor. and Assign., Subject to any Rounders stated In this Deed of Trusl on banner of Twall Interest, $his Coast of Trust shall be
<br />binding upon and India to the benefit al the peilod, their succossom and assigns. If owlwrshlp of his Property becomes varied In a person
<br />other then Trends, Lentler wilabout notice to Tauser they dual willr TNker's recessions wlm balance IO this Dead of Trust shut the
<br />h 1.1ruorl by way of forbearance or o ntic,lon without rehousing Trrsla from Iho obligations of this Doatl of Trust or liability undo, the
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