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N`�;�;`�_� �°�' DEED OF TRUST 2 O 10 0 7 9 S 2
<br />Loan No: 1Q1235634 (Continued)
<br />Page 7
<br />now or hereafter existing at law or in equity ar by statute. Every power or remedy given by the Nate qr any of the Related Documents
<br />to 7rustee or Lender or to which either pf 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 eithsr of them may pursue incansistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting I.ender frpm seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Electipn by Lsnder tp pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to taka action tp 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 detault and exercise its remedies.
<br />Request fpr Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Nptice of Default and a copy at any
<br />Notice of Sale under this Deed of Trust be mai�ed to them at the addresses set forth in the first paragraph of this peed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforca 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 attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its intarest or the enfprcement of its rights shall bscome a part of the Indebtedness payable
<br />on demend and shall bear interest at the Nate rate from tha date af the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, howaver subJect to any limits under applicable law, Lender's attnrneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attprneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any eutomatic stay or injunetionl, appeals, and any anticipated post-judgment collection services, the cost af searching
<br />recorda, obtaining title reparts (including foreclosure reportsl, surveyors' reports, and appraisal faes, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicabls law, Trustor alsp will pay any court costs, in addition tq all other sums provided by
<br />law.
<br />Rights af Trustee. Trustee shall have ell of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGA710NS OF TRUSTEE. The fpllowing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter pf law, Trustee shall have the qower to take the following
<br />actions with respect to the Property upon the written request of Lander and Trustor: (a) join in praparing and filing a map or plat of
<br />the Real Property, including the dedication of streets nr ather rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Prpperty; and (c) jain in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lsnder under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualificatians required for Trustee under applicable law. In addition to the rights and remedies set
<br />fprth above, with respect to all or any part of the Property, the Trustes 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 applioable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee ta any Trustee appointed under
<br />this Deed of Trust by an instrument axecuted and acknowledged by Lender and recorded in the offioe af the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, 7rustee, and Trustor, the book and page (or cvmputer system reference) whare this ❑eed of Trust is recarded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknpwledged by all the beneficiaries under this peed
<br />of Trust pr their successors in intarast. The successor trustee, without conveyance of the Praparty, shall succeed to all the title,
<br />power, and duties conferred upon tha Trustee in this Deed of Trust and by applicable law. This procedure for substitutian pf Trustee
<br />shall govern to the exclusion qf all other provisions for substitution.
<br />NQTICE5. Any notice required to be given under this Dead of Trust, including without limitetipn 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 />required by law), when deppsited with a nationally recognized overnight courier, ar, if mailed, when deposited in the United States mail, as
<br />first. class, certified or registered mail ppstage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies oi notices vf foraclosurs from the holder of any lien which has priority over this Deed of Trust sha11 be sent ta Lender's address, 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 vhange the party's address. Fqr notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustar's current address. Unless otherwise provided or required by law, if there is mpre
<br />than one Trustor, any notice given by Lender to any 7rustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVI510NS, The following miscellaneous provisipns are a part of this Deed of Trust:
<br />Amendments. 7his Dead vf Trust, together with any Related Documents, cons[itutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed af 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 baund by the alteration or amendment.
<br />Annual Repqrts. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish ta Lender, upon request, a
<br />certitied 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 operating income" shall mean all cash receipts from the Prpperty less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Captipn Headings. Caption headings in this Deed of Trust are for convenience purposes only and are nat to be used to interpret ar
<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 capacRy, without the written consent of Lender.
<br />f3vverning Law. This Daed of Trust will be govemed by faderal law applicable to Lender and, to the extent not preempted by federal
<br />law, tha laws of the State of Nabraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the 5tate of Nabraska.
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