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<br />� +► ; � ' : � � � : : ` ` DEED �F TRUST 2 010 U 7 8 9 4
<br />(Continued)
<br />Page 5
<br />by mvrtyage, deed of trust, pledge, lien, assignment or otherwise. Neither the �acceptance af this peed of 7rust nor its enforcement,
<br />whethar by court action or pursuant to the power o( sale or other powers containecl in this Deed of Trust, shall prejudice or in any
<br />manner a(fect Tru�tee's or Lpnder's righr ta realizo upon pr enforce any other security now or hereafter held by Trusfee or l.�;nder, it
<br />beiny ayreed ihat Trust�:e and Lender, and each pf them, shall be entitled to eni'orce this Deed o( Trust �nd �tny olher security now or
<br />hcrot�frpr held by Lendcr or Trustee in such order and manner as they or either of them may in their Absalute discretiqn detcrminc. No
<br />remedy conterred upon or reserved to Trustee or Lender, is intended tp b�. exclusive oi any oTher remedy in this peed pt Trust ar by
<br />law provided or permitted, but each shall be cumulativ�� ��nd shall bt: in additipn to overy pther remedy given in this Deed of Trust or
<br />now or hereafter existiny ar Inw or in equity or by statuto. Every power or remedy given by the Nate or any of the Related Documents
<br />tn Trustee c>r Lender or tp which either of them may be otherwisc entitled, may be oxercised, concurrently or independently, from time
<br />to time and as oiten as me�y be deemed expec9ient by Trustee or L.ender, and either of thc:m may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed �as prohibiting Lender from seeking a dafir.iency judgment against the Trustor to the
<br />oxtent such actiqn is permitted py law.
<br />Election of Remedies. All oi l.ender's rights and remedies will be cumulative and may bo exercised alone or tagether. If Lender
<br />decides to spend money or to pertorm any of Trustor's obligations under this [�eed of Trust, after Trustbr's (ailure to do so, that
<br />decision by Lender will not �affect Lender's right to deci��re Trustnr in default and to exereise Lender's remedies,
<br />Rmquest for Notice. 7rustor, on beh�lf of Trustor And Lender, hereby requests that a copy of any Notice af pefault and a copy of any
<br />Notico of Sale undor this Deed of Trust be mailed ro them at the addresses set iorth in the tirst p�ragraph of this Deed of Trust.
<br />Attorneys' Feas; Expansss. If Lender insYitutes �ny suit �r aetion to enforce any o( the terms of this []eod of Trust, Lqnder shall be
<br />entitled to recaver such sum as the court m�ay �adjudge reasonable �s ��ttorneys' (ees �t tri�l and upon Any appeal. Whether or not any
<br />caurt action is involved, and to lhc oxfenl npt prohibited by law, all rot�sonaple expenses Lender incurs that in Lender's opinion are
<br />n�cessary at any time (or thq protection of its interest ar the entprcement of its rights shall become a part ot the Indeht�dness paye3ble
<br />on dr;mand t�nd shall be¢3r interest �t the Note reite lrom the daie of the expenditure until rF;paid. Expenses coverc�cl by thls p��r��yr�aph
<br />include, without limitatipn, however subject to ��ny limit5 und�r applicable I�w, I.ender's t�ttprneys' fe�s and l.endFr's legal t�xpenses,
<br />whether or not there is a lawsuit, includiny attorneys' (e�:s ��nd expenses for bankruptcy prpceedings (including efforTS to modify or
<br />v��c�afe �any <�utom�ttic stay or injunctipnl, t�ppoals, and any anticipated post-judgment cpllectiqn service5, the cost of sc�arching
<br />ri�cprds, pbt�ining titic rpports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />l rusiee, to the extent permitted by applieable law. Truswr �also will p�ay any court eosts, in acidifion to all other surns pr�vided by
<br />It.�w.
<br />Rights vf 7rustee. Trustee sh�all have all oi the rights �nd duties of Lender as set forth in this section.
<br />PQWERS AND 08LIGATIQNS OF THUSTEE. 1'he following provisions relatiny to the powers ��nd nbligations of Truste� are pari oi this
<br />Deed vt Trust:
<br />Powars vf 7rustea. In addition to all powers of Trustee arisin,y ��s a matter o( I�w, Trustoe sht.jll h�ve [he pawer ta take the tollawing
<br />actions with respect to the Property upon the wriTfen request oi Lender a�nd Trustor: (�) join in prep�ring and tiling a map or plat pt
<br />the Real Pr�perry, including lhe dedic�tipn p( streets pr other ric�hts tv the public; (b) join in granting any easement or creating any
<br />restriction on the Ret�l Prpperty; and (c) join in any subqrdinatipn or pther agreement affecting this [?eed of Trust or the interest of
<br />Lender undar this Deed of 7rust.
<br />Trustee. Trustet� sha�ll meot all qualiiicaiions required tor 7rustee under applicable I�w. In addition t� the rights and remEdies set
<br />inrth a�pvp, with respr;ct to all or any pc�rt of the Property, the 7rustee shall have the right tn foreclose by notice and sale, �nd L�nder
<br />will have the ri�ht to foreclose� E�y judicieil (oreclosure, in either case in accnrd�ance with and to the full extenl provided by �tpplicable
<br />I�iw.
<br />Successor 7rustee. Lender, at L.ender's oprion, may fram time to time appoini a successor Trustee ta any Trustee appointed under
<br />this Oeed of Trust by �n instrument exec;utc:d ��nci �cknowledged by Lender and recarded in the qffice af the record�r pf Hall Gaunty,
<br />Stttto af N�6raska. The instrument shall CpntBin, in additiqn to all othar matters required by state law, the names of the oriyinal
<br />Lender, Trustee, and Trustor, the book and p�age (or cnmputer system reference) where Chis Deed of Trusc is recorded, and fhie n�ame
<br />and address of the successor Iruslee, and the inslrument shHll he execuled t3nd acknpwledged by all the beneficiaries under this Deed
<br />of Trust or their suc;cessors in inlerpst. The successor trustee, without convqyance oi the Property, shall succeed to all the title,
<br />pqwer, �tnd duties conierr4d upon the Trustee in ihis beed ot Trust and by applicable I�aw. This procedure (or subsfilulipn of Truslee�
<br />shall govern io ihe sxclusion of all other provisions for substitution.
<br />NOTICE5. Any notice required to be yivc�n under this Deed of 1`rust, including without limit�ation any notic�; o( def�ault anc9 any nqiice �>f
<br />sale shall be given in writing, and shall k�e eifective when actually delivered, wP�en ��ctually rr:ceived by tel�facsimile (unl�:ss orhi�rwise
<br />required by lawl, when deposited with ea n�tionally recoynired ovemight cqurier, or, if mt�iled, when deposiled in the United Slates mail, as
<br />iirst class, certified or reyistered mail posr�ge prepnid, directed lo the �ddressas shown near tha beginning ot this Deed of Trust. All
<br />copies of notices of (t�reclosure frpm the hplder of Any lien which has priority ovcr this Deed of Trust shall be sent to Lender's address, as
<br />shpwn near the beginning of lhis Deed of 7rust. Any person may change his or her address (or nntices under this ❑eed o( Trust by giving
<br />f�rmal written notice [n the a(her p�rson or perspns, specifying that thc� purpose of the notice is to c:hange the person's address. For
<br />notice purposes, Trustor agrees to keep Lender inf�rmed at all times of Trustor's current ��dtlress. Unless otPierwise provided or required
<br />by law, if there is more than one Trustor, any nocice yiven by Lender to any Trustor is deemed to be nolice given 10 all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice fr�m Lender,
<br />MISCELLANEOUS PROVISIQNS. The following miscellaneous provisions �re a part of this Decd oi Trust:
<br />AmendmQnts. What is written in this ❑eed of Trust and in the Related Documents is Truscor's enfire �greement with Lender
<br />conceming the matters covere�d k�y this Deed oi Trust. Tn be cffective, �any chanye or amendment ro this Deed oi Trust must be in
<br />writing �nd must t>e siynec� by whoever will be bound or qblig�.ired by the change or amendment.
<br />Caption Meadings. Caption headinqs in this Deqd of Trusl are iqr convenien<;e purpases pnly tind are not to be usod to interprel or
<br />define the provisions of this D�ed of Trust.
<br />Merger, Thpre sh�ll be no merger ot the interest or estate crqated by this poed ot Trust with any other interest or estate in the
<br />Propeny at any time held by or tor the benetit of Lender in any capacity, without the written consent ot Lender.
<br />Governing Law, This peed of Trust will ba gqverned by tederal law applicable to Londer and, tv the axteni not praamptad by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions, This Deed of 7rust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice r+f Venue. Ii there is a lawsuit, Trustor agrces upon Lc�nder's request to submit to ihe jurisdictian of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and 5everai liability. All pbligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall me�tn aach and every Trustor. This means that or�ch 7rustor signing t�elow is responsible for all o6ligations in this Deed of 7rust.
<br />No Waiver by Lander. Trustor understands Lender will not give up any of Lender's rights under this peed oi Trust unless Lender daes
<br />so in writing. The fact thai Lender dolays or omiis to exercise any right vvill not met�n that Lender has giv�n up lhat riyht. It Lender
<br />does �yree in writiny lv give up one o( Lender's rights, that daes not me�an Trust�r will not ht.jv� to camply with the othc�r provisipns
<br />of rhis Qeed of Trusl. Trustqr also underst�nds that if Lender dpes consent to a rpquest, that does npt mean that Trustor will not
<br />have to get L.ender's consent �gain il the situation h�appens ayain. �rustor further understands thaf just because Lender consents to
<br />ane or more of Trustor's requasts, that dacs not mean Lender will be required ro cansant to Any of Trustar's future requests. Trustar
<br />waives presentment, demand for payment, protest, and nptice of dishonor.
<br />Sevprability. If a court tinds that any provision of this Deed ot Trust is nof valid or should not be enforced, that tact by itself will not
<br />mean that th� rest of this Deed of Trust will not be valid or enforced. Therefore, a court will en(orce the rest of the provisions of this
<br />Deed nf Trusl evon if a provision of this Doed af Trust may be found to be invalid or uneniorceable.
<br />Successars and Assigns. Subject ro any limitarions stated in this Deed of Trusf on Uaris(er oi Trustar's interest, tP,iti peed r�f Trust
<br />shall 6e binding upon and inure to the bonotit ot the partiGS, their successqrs and assigns. If pwnership oi the Prpperty becomes
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