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DEED OF TRUST
<br />Loan No: 807825 (Continued- 2 U~ 9 U 5 8 5 9 Page 5
<br />Remedies Not Exclusive. '1-rustee and lender, and each pf them, shall be entitled to enforce paymer,f and perfonrrance of any
<br />irulebterlness or obligations secured py this Deed of Trust ancJ to exercise all rights and powers under this Ueed of Trust, under the
<br />Note, [order any pf the Related Documents, pr under any ether agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indef:,tedness and pbligations secured by this Deed of T-rust Wray now or hereafter be otherwise secured, whether
<br />by rrrortgaye, deed of trc,rst, pledge, lien, assignment pr otherwise. Neither the ar,ceptance pf this Ueed of Trust nor its enForcernent,
<br />whether by court action or pursuant to the power of sale or other powers contained in this C]eed of Trust, shall prejudice or in any
<br />manner affect Trustee's or f.ender's right to realize upon or enforce any ether security now pr hereafter field by 'f rustee pr [..ender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Ueed of Trust and any ether security now or
<br />hereafter helcJ by Lender or Tnrstee in such order and manner as They or either pf them rrray in their absc,tuce discretion dr;l.ernrine. No
<br />remedy conferred upon or reserved to "fYustee pr k_ender, is intended to be exclusive of any ether rerrredy irr this Deed of Trust or by
<br />law provided pr permitted, but each shall be curnulafive and shall he in a(ditipn to every other remedy given in this Ueed of Trust or
<br />now or hereafter existing at law pr in equity or by statute. Every power or remedy given by the Note ar any of the f7elaterl Docunrenfs
<br />to Trustee or Lender or to which either of there may be ptherwise entitled, may be exercised, concurrently or' independently, front tirr,r;
<br />to time and as often as may be deprned expedient by Tn,rsfee or Lender, and either of them rrray frursue inconsistent remedies.
<br />Nothing in this Ueed of Trrrst shall he construed as prohibiting k.ender from seeking a deficiency judgment against the Trustor to the
<br />extant such artipn is frprrrritted by law.
<br />Election of Remedies. All of Lender's rights and remedies will he cumulative and rrray be exercised alpne or together. If Leader
<br />derides to spend money or to perform any of frustor's obliyatiars under this Deed pf Trust, 'after Trustor's failure to do so, that
<br />decision by Lender will opt affect Lender's right to declare 'T7ustor in default and tp exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor an(1 Lender, hereby requests that a copy pf any Notice of Default and a copy of any
<br />Notice of Sale under this Ueed of Trust be rrrailed to therrr at the addresses set forth in the first paragraph of this Geed of Trust.
<br />Attonteys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms pf this Deed pf Trust, lender shall be
<br />entitled to recover such stun as the coctrt rrray adjudge reasonable as attorneys' fees at trial and ufron any appeal. Whether or opt any
<br />rpurt action is involved, and to the extent oat prohibited t:,y law, all reasonable expenses lender incur's that in Lender's opinion are
<br />necessary at any tune for the protection of ifs interact or the enforcement of its rights shall become a part pf the Indebtedness payable
<br />an demand and shall bear interest at the Note rate frprn the date of the expenditure until repaid. Expenses covered by this parayral.>h
<br />include, without limitation, however st,rbject to any lirrrits under applicable law, L-ender's attorneys' fees and lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any antiripafed past judgment collection services, the cost of searching
<br />records, pbtaining title reports (including foreclosure repprtsi, surveyors' reports, and apl.rraisal fees, title inst,,rance, and fees for the
<br />Trustee, to the extent perrrritted by applicable law. Trustor else will pay any court costs, in additipn to all other sums provided by
<br />law.
<br />Rights of Trustee, Trustee shall have all of the rights and duties of lender as set fprfh in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />f owers of Trustee. In addition to all f:,owers of Trustee arising as a matter of law, I rt.istee shall have tyre pow~;r to take the following
<br />actions with respect tq the Property upon the written request of Lender acrd Trustor: lal join in frreparing and filing a reap or plat of
<br />the Heal Property, including the dedication of streets or other rights to the public; Ibl join in granting any easement or creating any
<br />resfrir.ti~n on the Real Property; and (c1 join in any subordination or other agreement affecting this Ueed of Trust or the interest of
<br />Lender under this Deed of 'fYusr.
<br />Trustee. Trustae shall map[ alt qualifications required for Trustae ender applicable law. In additipn to the rights and remedies set
<br />forth above, with respet•.t tp all or any part of the Property, the Trustee sftall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in ar,cordance with and [p the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's pption, rrray from time to lima appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder pf HALL County,
<br />State of Nenr'aska. T'he instrurrrent shall contain, in addition tp all other matters required by state law, the names of the priginal
<br />Lender, Trustee, and Trustor, the book and page for computer system reference) where this Ueed of Trust is recorded, and the name
<br />and address of the surcesspr trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this L)eed
<br />of 'IYust pr their successors in, interest. The successpr trustee, without r,onveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This prpcedure for substitution of Trustee
<br />shall gpvenr to the exclusion of all other provisions For substitution.
<br />NQTICES. Any notice required to be given under this Ueed of Trust, including withput limitation any notice of default and any notice of
<br />sale shall be given in writing, and sftall he effective when actually delivered, when actually received by telefacsinrile (unless otherwise
<br />required by law1, when deposited with a nationally recognized pvernight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses sftown near the beginning of this Deed of Trust. All
<br />cppies of notices of foreclosure Fran, the holder of arty lien which has priority over this Ueed of `I-rust shall be sent to Lender's address, as
<br />shown near the beginning of this Deerl of °Crust. Any person rrray change his pr her address for notices under this Ueed of Trust t>y giving
<br />formal written notice to the oilier person pr persons, specifying that the purpose of the notice is to change the person's address. For
<br />notir,e fwrposes, Trustor agrees to keep Lender informed at all times pf 'Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any'1'Yustor is deemed to he nptire given to all -Trustors. If will be
<br />Trusfor's responsibility to tell the others of the notice frprn Lender,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Oeed of Trust:
<br />Arnendrtrents• What is written in this Deed of Trrrst and in the Related []ocurnents is 'fruslor's entire agreement with Lender
<br />concerning the rrratters covered by [Iris Deed of 'I rust. 1-o be effective, any change or arnendrnenl to this Deed pf Trust rrurst be in
<br />writing and must be signed by whoever will be boturd pr obligated by the change or anrendrnent.
<br />Caption Headings. Caption headings in this Deed pf Trrrst are for convenience purposes only and are opt to be used to interpret or
<br />define the previsions of (.his Deed of Trust.
<br />Merger. There shall be no nr~ryer of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by pr for the benefit of Lender in any capacity, without the written r,onsent of Lender.
<br />Governing Law. This Ueed of Trust will be gpverned by federal law applicable tp Lender and, tp the extent opt preempted by federal
<br />law, the laws of the State of Nebreske withptR regard to its conflicts -0f law provisions, -This.-peecl.pf~sus#. has. been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venire. If there is a lawsuit, -f'ruslor agrees upon L.ender's request to submit to the jurisdiction of the courts of I-tall County,
<br />State of Nebraska.
<br />.loint and Several Liability. All obligations of Trustor under this L)eed pf Trust shall be joint and several, and all references to Trustor
<br />shall mean each and Avery Trustor. T"his means that each Truslpr signing below is responsible fpr all obliyatipns in this f.]eed nF I"rust.
<br />No Waiver by Lender. 'Crustor understands Lender will not give up any pf Lender's rights under this Deed of Trust unless Lender does
<br />sp in writing. The fact that Lender delays or emits tp exercise any right will opt mean that Lender has given up that right. If Lender
<br />does agree in writing to give up orte pf Lender's rights, that dyes not mean 7°ruslor will not have to comply with the ether provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does opt mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />pee or more of Trustor's requests, that does not rrrean Lender will he required to rpnsent tp any of Truster's future requests. 'Trustor
<br />waives presentment, demand fpr payment, pretest, and Halite of dishonor.
<br />SeverabilLty. If a court Finds that any provision of this Ueed pf Trust is not valid or should not be enforced, that fact by itself will not
<br />rrrean that the rest of this Deed pf Trust will trot be valid or enforced. l herefore, a court will enfc~rcafthe t_~st of -1t~e provisions of this
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