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20�00��41
<br />DEED OF TR,UST
<br />(Continued) �aga s
<br />e(ther of them may pursue inconsfstent r�medles. NothEng in th(s Deed nf 7'rust shal! be cansErued as �rahib}ting Lender from seeking
<br />a deffcfency judgment against the Trustar io the antent such actian Is permifted by iaw.
<br />Efection of Remedles. Al) of Gender's rights and remedies wili be cumuEative and may be ewerclsed �lana or together. !f Lender
<br />decEdes ta spend mvney or to pertorm any of 'frustor's ak�Eigatinns under this Deed of Trust, after Trustar's fallure ta do sa, that
<br />decfslon by Lsnder will nat aftect Lender's rtght to declsre Trustor in default and to exercise Lende�'s ramedies.
<br />Request far Notice. Trustor, on behalf af Trustor and Lender, hereE�y requests that a capy aF any No#icc of Default and a pcapy of any
<br />NaticQ of Sala under this Deecf ot Trust Be mailed ta them at #he addresses set farkh En the flrst paragraph af this peed of Trust. •
<br />Attorneys' Fees; Ezpen�es. IF l.ender insddates any suit or actfon to enfarce any cSfi the terms of this Desd of Trust, I,.ender shali be
<br />entitlad to recover suoh sum as the court may sdjudge reasnnabte �s attorneys' lees at trial and upon any appeal. Whether or not any
<br />court aclian is irnolvad, and to the extent nat prohibited by law, all reasanable expenses Lender incurs that in Lender'S qpinion ere
<br />n�cessary at any time for the protectivn of ks Intsrest ar the enfarcetn�nt of its righl� shall become a part of the indebtedness payable
<br />on demand and shaN bear ir�terest at the Cr�edit Agreemerrt rate from the date of the sxpendifure unt41 repaid. E�enses cavered by
<br />this paragraph include, without Iimitatton, hawever subJect to any Ilmits under epptloatale Iaw, Lender's attomeys' fees and Lender's
<br />legal expenses, whether ar ndt there is s lawsuit, including attameya' feea and e�enses far hankruptcy praceedings (including etfnrts
<br />to mcrdliy or vacate any autnmatic stay ar fnjunctlan), appeals, and any anticip�ted p�&t Judgment caitectinn 5ervices, ths cast of
<br />searching records, obta3ning titls reports (including fpreciqsure reporks), sutveyors' repnrts, and a�apralsal fees, title insurance, a�d
<br />#ees far ihe 7rustee, to the exte�t permitted !sy appEicable law. Truato3' alsa wiii pay any vourt costs, 'tn addifion to ait ather sums
<br />provided by law.
<br />Rights of 7rustae. 7rustee shall hsve all of #ha rights and duties of Lender as set forth En thls seckian.
<br />POWERS AND pB41GAT10A1S OF TR!lSTEE. The folf�wing provisions rela�ing tp the powers and obligationa of Trustee are part of this
<br />fleed of l'rust:
<br />Powers of Trustae. In addltlan tn al! powers of Truatee arising as a rnatter af law, Trustee shali have the ppwer to taice the followtng
<br />act�ns with respect to the Property upon the writ#en request of Lender and Trustor; (a) jofn in preparing and fliing a map ar plat of
<br />the Real Property, induding the dedication of s#reets or other right$ to the publlo; (b) joln in granting any easement or creating any
<br />restrEction on the Real Prape�ty; and (c� jdin in any suhordinatian or other agreerr�ent e�Fecting this Deeri of Trust vr the €nterest uf
<br />E,ender under this Deed af Trust.
<br />l"rustee Trustee shell meet all qu�lifications required fvr i"rusiee under applicabla Isw, In addFtion to the rights and remedies sat
<br />forth above, with reapact ta �II or any part af tha Praperty, the 7rustee shail have the right ta fareclose by notice and �ale, and Lender
<br />wiii have ihe right to iareciose by judicial foreclosure, ':n eikhe� case in •acoordanoe wlth and to the fall extent provided by applicable
<br />law.
<br />5uccessor Trltstee. Lend�r, s;t Lends�s optfon, mgy trnm t[me to tEme appo3nt a suoc;essor Trus#ee ta �ny i'rustee appninted under
<br />this beed of Trust by an instrument executed and acknowiedged by Lender and racorded in the offlce of the rscorder ai` HALL Cauniy,
<br />State nf Nebraska. 7'he tnstrument shall cpnt�in, hn addition ta all other rn�tters required by state law, the names of the arigi�al
<br />L.ender, Trustae, and Trustor, ti�e bank and page {or oomputer system refr:rence) where #h3s Daed of Trust is recardad, and the name
<br />and address of the succeasor trustee, and the lnstrurrr�nt shali be executed and acknowledged by all th� beneflciaries under this bsed
<br />af Trust vr thefr sucacessors irl interes� The suviceasor trustBe, without co�veyahce oF the Property, shal) sucaeed ta al! thE titie,
<br />power, and dutfas cp�erred upan the Trustee In this pead of Truat and by applioable law. This procedure tor substitutian of Trustee
<br />shsll govem to the exclusion pf a!I other pravisw►ts for substitution.
<br />NOTICES. Any nbtice requited to be given undsr th[s peed pf Trust, including withaut Ilmltatipn ahy not�e pt d�fault and any nptice of
<br />sa�e shall be givan in wrFtin�, and shaN he effective when actuafly d�livered, whan aokually received by telefaqimlie (unless ottrervvise
<br />r+equired by !aw), when deposited with a nationalfy reGpgnixed overnlght courier, or, if mailed, wher� deposi#ed in the Unfted States ma€i, as
<br />first cfass, certifted vr registered maq pnsYage prepaid, dicected tn the addresses shown naar tha bagtnning of this Deed af 'Trusf. AI!
<br />capias pf notioes Df foreClosure from the holder oi �ny 1i8n which has priority over this Deed of TrL�st Shail be sent to Lender's address, as
<br />&hpWt1 near the beginning af this Dead of Trust. Ahy persnn may change hls ot' her address far notices under this D�ed of'i'rust by giving
<br />formal wriK�n nat(ce ta the ather perspn or peraons, speclfying that !he purpose of the nntice is to change the persan's �ddress. For
<br />r�atice purpasea, 7rustar agrees to kaep Lender infarmed at ali times of Trustar's currant address. Un{ess otherwise provfded pr requlreci
<br />by law, if there 1s rrtprs than one Trustor, �rly natic�r given by Letlder to any �'rustor is deemed to he notice given to au Trustars. It wlll be
<br />7rustors reaponsibillty to tail the oth�rs of the not�ce from Lender.
<br />Mt�,G�t,lANEOUS PROVlSIONS, The foilow�ng miscelfanepua provlaions are a pgrt of this Dead pf Trust:
<br />Amandments. What la writ4en tn th3s Deed pf 1"rust and in the Related Documents �a TrustaNs e�tlre agreement with Lender
<br />conceming the matters covered by this t)eed af Trust. To be effective, any change or amendment to this I]eed af Trust must be in
<br />writing �nd must be siqned by whaevar wilf be bound or obligated by the changs ar am�ndment.
<br />CaptFon Heading�. Captlon headings in �Is ]7eed of Trust ara for vanvenience purppses only and are np# to be used ta interpret vr
<br />define the proviafnn� af this beed of Trust.
<br />Msrger. There shall be no merger af the fnterest or estate created by this pe�d ot 7rust with any other Interest or estate in the
<br />Property gt any tlme heid by or inr the beneflt af Lender in any capaqity, withaut the written cor►sant af t.ender.
<br />Goverrdn� Law. Thls basd of Trust wi11 be governad 6y federal law applicable to L@nder and, bo the arcts�rt nat preempted by federal
<br />law, the lawa►'af the 5tate of Nsl�rask� without regard to ita cenflicts of law provia�ns. This peed of 7rust has been accaptad try
<br />Lender In the State of Nehrasks.
<br />Nv Weiver by I.snder. '�rustor understands Lender will npt qive up any ofi Lenders righ#s under this Deed of Trust unless Lender dpes
<br />sn In writing. The fact tfiat Lender delays or omits to exercise any right wllf nnt mean that Lender has giv�n up that rfght. If Lender
<br />does agr�e in wrlting tp Qive up one of Lenda�s rlghts, that does nat mean 7rustor will not have ta camply with the ather prnvisions
<br />of thls Deed of Trust. Trustor �Iso understands that if Lender doea consent to e request, that does not mean that Trustor wili not
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