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DEAD OF TRUST 2 010 0 2 2 4 5
<br />Loan Na: $0818 (CA17tlnl~ec)) Page 5
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this fJee(1 of Trust, under the
<br />Note, under any of the Related Uocuntents, or under any other agreement or any laws now or Iereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations ser..rrrnd by this Deed of Trust may now or hereafter he UtklerWlSP. SP.CUfed, whether
<br />by mortgage, deed of trust, pledge, lien, assigrrrnent or otherwise. Neither the acceptance of this Deed of -trust nor its ertforcentent,
<br />whether by court action nr pursuant to the power of sale or other powers contained in this Dond of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize uT.wn or enforce arty other security now or heroaftor hold by Trusfon or Lender, it
<br />being agreed that Trustee and Lender, and earh of them, shall bo entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute disrretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of arty ol.lter remedy in this Dead of "T"rust or L>y
<br />law provided or permit ed, but each shall he cumulative and shall he in addition to every other rctmedy given in this Dnnd of Trust or
<br />now or hereafter existing at law or in eriuity or by statute. Every power or remedy given by the Note or any of The Rel;tTed Documents
<br />to Trustee or Lender or to which either of them may he nthnrwisrt entitirtd, may be exercised, concurrently or independently, from time
<br />to time and as often as may be dnerned expedient by Trustee or tender, and either of them may pursue incortsistertt remedies.
<br />Nothing in this Deed of Trust shall be construed as prohrbrtiny l ender horn seeking a defirienry judgment against the Trustor to the
<br />extent Boob action is permitted by law.
<br />Eleetivn of Remedies. All of Lender's rights and remedies will be curmtlative and may be exercised along nr together. If Lnnrler
<br />decides to spend money or to perform any of Trustor's ohligations under this Peed of Trust, otter Trustor's failure to do sn, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request far Notice. Trustor, on behalf of Trustor artd tender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set Torth in the first paragraph n( this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ar.tion to enforce any of the terms of this Deed of Trust, Lender shall he
<br />entitled to recover such sure as the court may adjudge rflasonable as attorneys' fees at trial and uT.ton any appeal. Whether or not any
<br />court actinrt is involved, anrJ to the extent not prohibited by law, all reasonable expenses Lender inr•.urs that in Lender's opinion are
<br />necessary al. any tune for iho protection of its interest nr the enforrentent of its rights shall her:orne a part of the Indebtarlness payahirt
<br />on demand and shall bear interest at fire Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attonteys' 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 injunrtion-, appeals, and any antir.iitated post-judgment collection servir,es, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, arxf appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other Burns provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND DBLIGATIONS OF TRUSTEE. The followirty provisions rotating to the powers and ohligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trusted. In addition to all powers of Trustee arising as a manor of law, Trustee shall have the power to take the following
<br />ar;tinns with respect to the Property upon the written request of Lender and Trustor: la) join in preparing and filing a reap or plat of
<br />the Real Property, includingl the dedir,at.ion of streets or other rights to the public;; (bl join in yrartting any easement or creating any
<br />restriction on the Real Property; and Ic) join in any subordination or other ayreernent affer,ting this Deed of Trust or the interest of
<br />Lender tntder this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for -Trustee under atplicable law. In addition to the rights and remedies set
<br />forth above, with resper..t to all or any part of the Property, the Trustee shall have the right to foreclose by notirrt and sale, and Lender
<br />will have the right to fomclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />IoW.
<br />Successor Trustee. Leerier, at L.ender's option, may lrorn lime to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed anti acknowledged by lender and recorded in thr~ office of the recorder of t1ALL County,
<br />State of Nebraska. Thn 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 (or computer system reference) where this Ueed of trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead
<br />of T"rust nr 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 Deed of Trust and by applicable law. This prnredure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to he given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall he given in writing, and shall he effective when actually delivered, when actually received by lelefacsimile (unless otherwise
<br />required by law-, when deposited with a nationally recognized overrtiyht courier, or, if mailed, when deposited in the lJnited Sterns mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien whir•.h has priority over this Doed of Trust shall he sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or t.>ersons, specifying that the purpose of the noliC.e is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of 'Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by tender t.o any Trustor is doomed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lc~nrler.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous Irovisions arc a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in thw Related Documents is 'Trr.rstor's entire agreement with Lender
<br />(,onrerning the matters covered by this Deed of Trust. To he effective, any change or amendment to this Deed of trust roust. be in
<br />writing and must be signed by whoever will he bound or obligated by the cttanye or amendment.
<br />Caption Headings. Caption headings in this Deerl of Trust are for convenience purposes only and fire not to he used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall ba no merger of the interest or estate created by this Deed of Trust with any other interest or estate in 1.he
<br />Property at any time held by or for the benefit of tender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to 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 />Lander in the State of Nebraska.
<br />Choice of Venu®. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this C)ee(1 of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of TYusL
<br />No Waiver by Lander. Trustor understands Lender will not give up any of Lender's rights under this Deed of Tntst unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not rtrean that Lender has given up that right. If Lender
<br />does agree in writing to give tlp one of Lender's rights, that does not rncran Trustor will not have to comply with the other provisions
<br />of this Ueed of 'T1'ust. Trustor also understands that if kender does consent to a request, that does not mean that 'T'rust:or will not
<br />have to yet Lender's consent again if the situativrt hap{tens again. Trustor further understands thaat just because Lender consents to
<br />one or more of Trustnr's requests, that does not mean Lender will be required to consent 'Lo any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Ueed of "trust is riot valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will trot be valid or enforced. lhnrnfore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Ueed of Trust may be found to be invalid or unenforceable.
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