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DEED OF TfiUST 2 010 0 0 6 0 8
<br />(Continued) pegs ~
<br />{c) Trustee may in the manner provided 6y taw postpene sale of all or any portion of the Property
<br />Remedies Not Exclusive. Trustee and Lander, and each of them, shall be entitled tv enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed Of Trust and to exercise all rights and powers under this Dead of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement ar any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee"s or Lender's right to realize upon nr enforce any other security now or hereafter held by Truatae or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed pf Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or ehher of them may to their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, (s intended to be exclusive of any other remedy in this Peed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addltipn to every other remedy given in this Deed of Trust or
<br />now er hereafter existing at law or in equity ar by statute. Every power or remedy given by the Note pr any of the Related Documents
<br />to Trustee or Lender or m which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohlblting Lender hom seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall net exclude pursuit vt any other remedy, and
<br />en election tc make expenditures yr to take action to perform an obligation of Trustor under this peed of Trust, after Truator's failure
<br />to perform, shall net affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice, Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sala under this Dead of Trust be mailed to them at the addresses sat forth in the first paragraph of this Deed of Trust.
<br />Attomays' Faes: E7tpenses. If Lander institutes any suit ar action to enforce any of the terms of this Dsed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs Shat in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand end shall bear interest at the Nota rate from the date of the expenditure until repaid. Expanses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's Iegai expanses,
<br />whether ar not there is a lawsuit, including attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including tareclosure reports), surveyors' reports, and appraisal fees, title insurance, and feces for the
<br />Trustee, to the extant permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lander as sot forth 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 />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lander and Trustor: {al Joln In preparing and filing a map ar plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Properly; and icl join fn any subordination yr other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trusts®. Trustee shall meet all qualifications required for Trustee under applicable law. 1n addition to the rights and remedlea set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose 6y notice and sale, and L®nder
<br />shall have the right to foreclose by judicial foreclosure, in Either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lendeer, at Lender's option, may from time to time 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 of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page for computer system reference) whore this Dead of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall ba executed and acknowledged by all the beneficiaries under this peed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this peed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any native of
<br />sale shall ba given in writing, and shelf be affective when actually delivered, when actually received by telefecsimiia (unless atherwisa
<br />required by )awl, when deposited with a nationally recognized overnight 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 shown Haar the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure frpm the holder of any lien which has priority over this Deed of Trust shall ba sent to Lender's address, as
<br />shown near the beginning pf this Deed of Trust. Any party may change its address far notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees tv keep Lender informed at all times of Trustor's currant address. Unless otherwise provided or required by law, if there is more
<br />than one Truster, any notice given by Lander to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. Tha following misce[laneaus provisions are a part of this Deed of Trust:
<br />Amendmems. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement vt the
<br />parties as to the matters set forth in this Deed of Trust. NO alteration of or amendment to this Deed of Trust shall be effective unless
<br />given fn writing and signed 6y the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. IP the Properly is used for purposes other than TrustOr's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received hom the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Nat operating income" shall mean ail Cash receipts from the Property leas all cash expenditures made in
<br />connection whh the operation of the Property.
<br />Caption Hoadings. Caption headings in this Dead of Trust era for convenience purposes only and are not to be used tv interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest ar estate created by this peed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will ba governed 6y federal law applicable to Lender and, m the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Vnnue. It there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska,
<br />No Waiver by lender. Lander shall Hat be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice ar constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. Nv prior waiver by
<br />Lender, nor any course vt dealing between Lander and Truster, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
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