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<br />Laan No: $10084
<br />DEED OF TRUST
<br />(Cantinuedl
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<br />2o�oososs Page5
<br />manner affect Trustee's or Lender's right to rsalize 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 Lender or Trustee in such order and manner as thay or either af them may in their ebsolute discretion determine. No
<br />remedy conferred upon or reserved to 7rustee or Lender, is intended to be exclusive of any o#her remedy in this Deed of Trust or by
<br />law provided or permittad, but each shall bs cumulative and shall be in addition to every other remedy given in this Deed of 7rust or
<br />now or hereafter existing at law or in equity or by statute. Every pvwer or remedy given by the Note or any of the Related bocuments
<br />tp Trustee or Lender or tp 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 py Trustee or Lender, and either of them may pursue inconsistent remedies,
<br />Nothing in this Deed of Trust shall be epnstrued as prohibiting Lender from seeking a deficiency judgment against the 7rustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or tv take sction to perform an obligation of 7rustor under this Deed of 7rust, after 7rustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request fior Notice. Trustor, on behalf of Trustor and Lender, hereby requests #hat a copy nf any Notice of Default 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 />Attowneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this beed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge rassonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohi�ited 6y law, all reasanable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of tha Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered 6y this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's a#torneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify 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, titie insurance, and fees for the
<br />Trustee, to the extant permitted by spplicable law. Trustor also will pay any court costs, in addition to all vther sums provided by
<br />law.
<br />Rights of Trustse. Trustee shall have all of the rights and duties ot Lender as set forth in this section.
<br />POWEqS AND OBLIGATIONS OF TRU$TEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />beed of 7rust:
<br />Powers vf Trustee. 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 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 of streets or other rights to the public; (b) join in granting any easement ar creating any
<br />restriction on the Real Property; and (c) join in any subordination or other egreement 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 Trustse 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 applicable
<br />law.
<br />Successvr Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee 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 matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrumant shall be executed and acknowledged by all the beneficiaries under this beed
<br />of Trust or their successors in interest. The successqr trustee, without conveyance of the Property, shall succeed to sll the title,
<br />power, and duties conferred upon the 1"rustee in this Deed of Trust and by appliceble law. This procedure for substitution qf Trustee
<br />shall govern to the exclusion of all other provisions for substitution. -
<br />NpTICES. Any notice required to be given under this beed 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 (unless n#herwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified 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 peed of Trust shall be sent to 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 change the p�rty's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notica given by Lender to any Trustor is desmed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part nf this peed of Trust:
<br />Amendments. This Deed of 7rust, together with any Related Documents, cnnstitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of 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 bound 6y the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than 7rustor's residence, Trustpr shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such fnrm and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and ara not to be used to 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 Deed of Trust with any other interest or estate in the
<br />F'roperty at any time held by or for the bsnafit vf Lender in any capacity, without the written consent of Lender.
<br />Governing I.aw. This Deed of Trust will he governed hy fedaral law applica6le to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of IVebraska without regard to its conflicts of law prvvisions. This Deed of Trust has heen accepted by
<br />Lender in the State of Nebraska.
<br />Choica of Venue. If there is a lawsuit, 7rustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is rssponsible for all obligations in this Deed of ?rust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by l.ender. No delay vr omission on the part of Lender in exercising any right shall operate as a waivar of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict cvmpliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or af any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this �eed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent tv subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to 6e illegal, invalid, or unenforceable as Yo
<br />any person or circumstance, that finding shall noC make the offending provision illegal, invalid, or unenforceable as tn any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust, ,l�nle,�s�otpery�se required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust sfisli nbt affect the legatity, validity or
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