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201006361
<br />DEED ~~ TRUST
<br />(Contiinued)
<br />Page fi
<br />remedy conferred upon or reserved to 71~ustee or !.ender, is intended to be exclusive of any ether remedy in this Dead of Trust nr by
<br />law provided or permitted, but each shad be cumulative and shall be in addition to every other remedy given In this Deed of Trust or
<br />now or hereafter existing at iaw or In equity ar by statute. Every power yr remedy given by the Nate or any of the Related bocurnenis
<br />to Trustee ar Lender or to which either of them may be otherwise entitled, may be exercised, concurrently ar independently, tram time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedial.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against th® Trustor to the
<br />extent such action is permitted by law.
<br />Election of .Remedies. All of Lender's rights and remedies w!A lee cumulative and may be exercised alone or toge#her. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Tnasto~s failure to da sa, that
<br />decision by Lender wilE not affect Lender's right to declare Truster In default and to exercise Lender's remedies.
<br />Request for Notice. Truster, an behalf of Trustor and Lender, hereby requests that a copy of any Notice of laefault and a copy of any
<br />Notice of Sale under this bead of Trust be mailed to them at the addresses set forth in the first paragraph of this Reed of Trust.
<br />Attorneys' Fees; 3=xpenses. If Lender institutes any suit yr action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entited to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether yr not any
<br />court action Is involved, and to the extent not prohibited by taw, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time fnr the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Nate rate from the date of the expenditure un#ii repaid. ' Ixpenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legs! 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 yr injunction), appeals, and any anticipated post-judgment cnliecfson services, the cast of searching
<br />records, obtaining title reports (InGUding foreclosure reports), surveyors' reports, and appraisal fees, tilde insurance, and fees for the
<br />Trustee, to the exte~ permitted by applicable iaw. Trustor ado will pay any court coats, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee, Trustee shall have ail of the rights and dudes of Lender as set forth in this section.
<br />POWERS AND OBLIGATipNt3 qF TRUSTEI=_ The fotkwuing provisions relating to the powers and obligations of Trustee era part of this
<br />Deed of Trust:
<br />powers of Truste®. 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 writ!®n request of Lender and Trustor; (a) join fn preparing and filing a map or plat of
<br />the Real Property, Including the dedication of streets or other rights to the public; (b) }alp in granting any easement ar creating any
<br />restriction an the Beat Property; and (c) join in any subordination or other ogreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet aft c{ualifications required for Trustee under applicable law. In addition ti4 the rights and remedies set
<br />Earth above, with respect to alt or any part of the Property, the Trustee shalt 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 accordance with and to the full extent provided by applicable
<br />taw.
<br />Successor Trustee, Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Dined 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 captain, in addition to all other matters required by state taw, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referenrs) where this Deed of Trust Is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by al! the beneficiaries under this Deed
<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 Deed of Trust end by applicable law, This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NQTICES. Any notice required to be given under this Dead of Trust, including without Ilmitation any notice of default and any notice of
<br />sale shall be given in writing, and shalt be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, tf mailed, when deposited in the United States mall, as
<br />first class, certified ar registered mail postage prepaid, directed to the addresses shown near thQ beginning of this Deed of Trust. Ali
<br />copies of notices of foreclosure from ttte holder of any lien which has priority over this Deed of Trust shall be 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 persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's currant address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor (s deemed to be notice given to all Trus#ors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />M1t3CELLANEQUS PRWVISIONS. The fallowing miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire a~reament with Lender
<br />concerning the matters Hovered by this bead of Trust. To be effective, any change ar amendment to this teed ^f Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change ar amendment.
<br />Caption Headings. Caption headings in this peed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this De®d of Trust with any other interest or estate in the
<br />Prgperty at any time held by ar for the benefit of Lender in any capacity, without the written consent of !.ender.
<br />Qoverning Law. This peed of Trust will b® governed try federal iaw applicable to Lender and, to the extent not preempted by fed®ral
<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 Stets of Nebraska.
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