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� y ' DEED OF TRUST iZ O�. 0 U� 7 G�
<br />(Cantinued) Page s
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of 7rust ar
<br />now or hereafter existing at law or in equity or by statute. �very pqwer or remedy given by the Note or any of the Related Documents
<br />to Trustee or l.ender 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 them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election qf Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alpne or tpgethar. ff Lendar
<br />decides to spend money or to pertorm any of Trustor's obligatipns under this peed af Trust, after Trustor's failure tp do so, that
<br />decision by l.ender will not affect Lender's right to declare Trustor in default and tn exercis� Lender's remedies.
<br />Request for Notice. Trustor, on behalf of 7rustor and Lender, hereby requests that a copy of any Notice of D�fault and a copy of any
<br />Notice of Sale under this peed 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 of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />couR actipn is involved, and to the extent nat prohibited by law, all reasonable expenses Lender incurs that in L�nder's opinion are
<br />necessary at any time for the protection of its interest pr the enfprcement of its rights shall become a part of the Inde6tedness payable
<br />on demand and shall bear interest at the Note rate from tha date of the axpenditure until repaid. Expanses cavered by this paragraph
<br />include, without limitatipn, however subject to any limits under applicabls law, Lender's attarneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts ta modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost af searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the
<br />Trustee, ta the extent permitted by applicable law. Trustor also will pay any court costs, in addition ta all other sums prpvided by
<br />law.
<br />Rights qf Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The follawing provisions relating to the powers and obligations of 7rustee ars part of this
<br />Dsed pf 7rust:
<br />Powers of Trustae. 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 Prpperty upon the written request of Lendsr and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) Join in any subordinatipn 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 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 nptice and sale, and Lender
<br />will have the right to foreclose by judicial for�closure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor 'Crustee. Lender, at Lender'5 option, may frqm time to time appoint a successor Trustee to any Trustse appointed under
<br />this Deed 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 contain, in addition to all other mattars required by state law, the names of the original
<br />Lender, Trustee, and Trustpr, the book and page (or computer system reference) where this Deed of 7rust 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 Deed
<br />of 7rust or their successors in interest. The successpr 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. Thi5 procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to 6e given under this Deed of 'frust, including without limitatlon any notice of defa�flt 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 />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deppsited in the United 5tates mail, as
<br />first class, certified or registered mail po5tage prepaid, directed ta the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of fpreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent tp Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address fqr 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 changa the person's address. Far
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address, Unless otherwiae provided or required
<br />by law, if there is more than pne Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />7rustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROV151pNS. The following miscellaneous provisions are a part of this Deed vf Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Pocuments is 7rustor's entire agreement with Lender
<br />conceming the matters covered by this Deed of 7rust. 7o be effective, any changa or amendment to this Deed pf Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Captlon Haadings. Caption headings in this �eed of Trust are for convenience purposes only and are not to be used tv 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 �eed 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 Lend�r,
<br />Governing Law. Thls Dead of Trust wlll be governed by federal law applicable tp Lender and, to the extent not preempted by federal
<br />law, the laws qf tha Stata of Nebraska without regard to its canflicts of law provisions. This Deed of Trust has been accepted by
<br />l.ender in the State of Nebraska.
<br />Choice of Venue. If th�r� is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Mall County,
<br />State of Nebraska.
<br />No Walver hy Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to,. glVe up onQ, .of LenSl@r's cigl�tr,_thaL �Jaes_no.k �aaeara Trustpr v�tilt �ot k�ave to comply with the otF�er provisians
<br />pf this peed of Tru5t. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents tp
<br />one or mqre qf Trustor's requests, that does not mean Lander will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a cnurt finds that any provision of this Deed of Trust is not valid or should not �e enforced, that fact by itself will not
<br />mean that the r�st of this Daed of Trust will not be valid or enforced. Therefore, a couR will enforce the rest of the pravisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successvrs and Assigns. Subject to any limitatians stated in this peed of Trust on transfer af Trustor�s interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than 7rustor, Lender, without notiGe to Trustor, may deal with 7ruStor'S SucGessors with reference to thiS
<br />pead of Trust and the Indebtedness by way af forbearance or extension without releasing 7rustor from the pbligations pf this �eed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the pertormance of this Deed of Trusk. .._,.,_
<br />Waivar vf Homastaad Exemptipn. Trustor hereby releasas and waives all rights 8nd lienefits pf the homesfead exemption laws qf the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust. , "
<br />DEFINITIONS. The fpllowing words shall have the following meanings when used in this Deed of Trust: '
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