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<br />Loan Na: 922270 , � . ' .
<br />DEED OF TRUST 2 p 10 U 7 6 91
<br />(Continued) Page 5
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pladge, lien, assignment or otherwise. Neither the acceptance of this Daad vf Trust nor its anforcement,
<br />whethar by court action or pursuant to the power of sale or pther powers cantained in this Deed pf 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 7rust and any other security now or
<br />hereafter held by Lander or Trustaa 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 to 6e exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in additipn to every other remedy given in this �eed pf Trust pr
<br />now or hereafter existin� at law vr in equity ar by statuta. �very power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to 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 tham may pursua inconsistent remedies.
<br />Nothing in this Deed of 7rust shall be construed as prohibiting Lender from seeking a deficiency judgment againat the Trustor to the
<br />extent such 8ctipn is permitted by law.
<br />Electipn vf Remedies. All af l.ender's rights and remedies will be cumulative and may be exercised alone or togethar. If lender
<br />decides to spend money nr to perform any of Trustor's abligations under this Deed of Trust, after Trustor's failure ta do sa, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender"s remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requeats thei a aopy of any Notice of befault and e copy of any
<br />Notice of Sale under this Deed pf Trust be mailed to them at the addresses set forth in the first paragraph of this peed of Trust.
<br />Attorneys' Fees; Expansas. If Lander institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the epurt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />cvurt action is involved, and to the extent not prohi6ited 6y law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary ai any time for the protection of its interest or the enforcement ot its rights shall become a part of the Indebtednass payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covared by this paragraph
<br />include, without limitation, howevar subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expensas,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including etfqrts tp mpdify 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 foreclosure reportsl, surveyors' reports, and 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 ather sums provided by
<br />law.
<br />Rights af Trustea. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGA710N5 OF TRUSTEE. The following provisions relating to tha powers and obligations of Trustee are pert vf this
<br />Dead of Trust:
<br />Powers of Trustee. In additipn to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with raspect 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 Property, including the dedication pf streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Raal Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition ta 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 />will have the right to foraclose by judicial foreclosure, in either case in accordance with and to the full extent prvvided by applicable
<br />law.
<br />5ucc.essor Trustee. Lender, .at Lender's��nay-#rem time�o e}�poinr a Truatee ta dny Trustee appointed under
<br />this Deed of 7rust by an instrument axacuted and acknowledged by Lender and recordsd in the office of the recorder of Hall County,
<br />5tate of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lendar, Trustee, and Trustar, the book and page (or computer system reference) where this Deed of Trust is recorded, and the nema
<br />and eddress of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. Tha successor trustee, without conveyance qf tha property, shall succeed to all the title,
<br />power, and duties cpnferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of 7rustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NQTICES. 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 (unlsss otherwise
<br />required by law►, when deposited with a nationally recognized overnight cpurier, or, if mailed, when deposited in the United States mail, as
<br />first class, certifiad 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 which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning qt this Deed of Trust. Any person may change his or her address fpr notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose af the notice is to changa the person's address. For
<br />notice purposes, Trustpr 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 Lender to any 7rustor is deemed to be notice given to all Trustors, It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The follqwing miscellaneous provisions are a part of this Deed of Trust:
<br />Amandments. What is written in this Deed of Truxt and in the Relatad Documents is Trusior's entire agreement with Lender
<br />concerning the matters covered by this qeed of Trust. Tp bs effective, any change or amendment to this besd of Trust must ba in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Arbitration. Trustor and Lender agree that all disputes, claims and controversies hetween us whether individual, joint, or class in
<br />neture, arising from this Peed of Trust or qtherwise, including without limitation contrapt end tort disputes, shall be arbitrated
<br />pursuant to the Rules of the American Arbitration Assvciation in effect at tha time the claim is filed, upon request of eithqr party. No
<br />act to take qr dispose of any Property ahall constitute a waiver of this arbitration agreement or be pwqhibited by this arbitration
<br />agreement. This includes, without limitation, pbtaining injunctive reliaf or a temporary restraining order; invoking a ppwer of sale
<br />under any deed of trust or mortgage; obtaining a writ of attachment or imposhi4n of a receiver; or exerciaing any rights relating to
<br />personal prpperty, including taking or dispasing of such property with or without judicisl procass pursuant to Article 9 of the Unitorm
<br />Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonablenass of any act, or exercisa of any
<br />right, concerning any Property, including any claim to rescind, reform, or otherwiae modify any agreement relating to the Property,
<br />shall also be arbitrated, provided however th�t no arbitrator shall hsve the right or the power to enjoin or restrain any pct of any party.
<br />Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of 7rust
<br />shgll preclude any party frpm saeking equitable reHef from a court of competant jurisdiction. The statute af limitatians, estoppel,
<br />waiver, lachas, and similar doctrines which would otherwise be applicable in an actipn brpught by a party shall b� ppplicable in any
<br />arbitration proceeding, and the commencemsnt of an arbitration proceeding shall be deemed the commencement of an action for these
<br />purposes. The Federal Arbiirativn Act shall apply to tha construction, interpretatiqn, and enforcement of this arpitration provision.
<br />Gaption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to ba used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. Thera 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 Deed vf Trust will be governed by federal law applicable to Lendar and, to the extent not praempted by federal
<br />law, the laws of the 5tate of Nebraska without regard to ita cvnflicts of law prpvisions. This Deed of Trust has hsen accapted by
<br />l.ender in the State of Nebraska.
<br />Joint and Sevaral Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall maan each and every 7rustor. This means that each Trustor signing below is responsible for all pbligations in this �eed of 7rust.
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