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DEED OF TRUST 2 Q i Q �'� 4$�
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any pprtion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitisd to 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 Deed of Trust, under the
<br />Np#e, under any of the Related Documents, or under any other agreement br any laws now or hereaftar in force; notwithstanding,
<br />spme pr all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secursd, whether
<br />by mortgage, deed 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 af Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be 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 discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended tv be exclusive pf any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or haresfter existing at law or in equity or 6y statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee vr Lender or ta which either ot them may be otherwise entitled, may be exercised, concurrently or independently, frnm time
<br />to tima and as oftan as may be deemed expedient 6y Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a daficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an electian to make expenditures or to take actinn to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its ramedies.
<br />Request for Nptice. Trustor, vn behalf pf Trustor and Lender, hereby requssts thet a copy of any Notice of Default and a copy of any
<br />Nvtice vf Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any af the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attvrneys' fees at trial and upon any appeaf. Whether or not any
<br />cnur# action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necess�ry 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 and shall bear interest at the Note rate trom the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitatipn, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is e lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction�, appeals, and any anticipated post-judgment collection services, the cast of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fess for the
<br />Trustee, to the extent permitted by applicahle law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of 'Trustee. Trustea shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND QBLIGATIONS OF TRUSTEE. The tollowing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of 7rustee. In addition to all pawers pf 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 Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Prpperty, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restrictipn on the Real prpparty; and (c) jvin in any su6ordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. 7rustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<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 />5uccessor Trustee. Lender, at Lender's option, may from time to time appoint a successar Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the qffice nf the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in additian to all othar matters required by state law, the names of the original
<br />Lender, 7rustee, and Trustor, the bouk end page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the succesaor trustee, and the instrument shall be executed and acknowledged by all 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 and hy applicable law. This prpcadure for substitution of Trustee
<br />shall gavern to the exclusion of all ather pravisians far substitutian.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />requirad by law1, when deposited with a nationally recognized avernight courier, or, if mailed, whan depasited in the United States 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 />capies pf notices vf fpreclpsure frpm the hplder of any lien which has priprity over this Deed of Trust shall �e sent ta Lender's eddrsss, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for 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 />agraes tv keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of 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 in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property 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 from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net aparating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connectian with the operatipn pf tha Property.
<br />Caption Headings. Caption headings in this Deed 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 Deed 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 peed of Trust will be governed by tederal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the Stata of Ne6raska without regard to its cpnflic#s of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State af Nebraska.
<br />No Waiver hy Lender. Lender shall not be deemed to have waivad any rights under this Deed af Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part af 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 or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Dead vf Trust. No prior waiver by
<br />Lender, nor any course pf dealing between Lander and Trustor, 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 grsnted or withheld in the sole discretion of Lender.
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