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6 ;�� ,;� DEED OF TRUST � � 10 0 810 9
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<br />(Continued) Page 5
<br />being agreed that Trustee and Lendar, and each of Chem, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held hy Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determina. Na
<br />remedy conferred upon or reserved to 7rustee or Lender, is intended to be exclusive of any vther ramedy in this Deed pf Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or heraafter axisting at law or in equity or by statu[e. Every power or remedy given by the Note or any of the Related �ocuments
<br />to Trustee or Lender 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 qf them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lsnder from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Electipn by Lender to puraue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures pr to take actian to perfqrm an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perfprm, shall nqt affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Natice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attqmeys' Feps; Expenses. If Lender institutes any suit or action to enforce any of the terms of this C�eed of 7rust, Lender shall be
<br />entitled to recover such sum as the court may adjudge rassonable as attomeys' fees at irial end uppn any appeal. Whether pr npt any
<br />court action is involved, and to the extent not prohibitad by law, all reasonable expenses Lender incurs that in Lender's opinipn are
<br />necessary at any time for the protectinn pf its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall 6ear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, withput limitatipn, however subject to any limits under applicable law, Lender's attorneys' fees and l.ender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' feea and expenses far benkruptcy proceedings (including efforts to mpdify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cqst of searching
<br />records, obtaining title raports (including foreciqsure reports►, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the Bxtent permitted by applicable law. Trustor alsa will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of 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 following provisions relating to the powers and obligations vf 7rustea are part of this
<br />Deed of Trust:
<br />Powera of Trus#ee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the follvwing
<br />actions with respect to the Property upon the written request of Lender and Trustor: (al join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets vr ather rights to the public (b) j0in in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subardination ar ather agresment affecting this Deed of Trust or the interest pf
<br />Lender under this Deed of Trust.
<br />1'rustee. 7rustee shall meet all qualifications required for Trustes under applicable law. In addi[ion to the rights and remedies set
<br />forth a6ove, with respect to all or any part of the Property, the Trustee 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 applicabla
<br />law.
<br />5uccessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee ta any Trustee appainted under
<br />this peed of Trust by an instrument executad and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />Stata of Nebraska. The instrument shall contain, in addition to all other matters required by state law, ihe 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 instrument shall be executed and acknowledged by all the beneficiaries under this �eed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the titla,
<br />power, and duties conferred upon the Trustee in this peed of Trust and by applicable law. This procedure for subatitution of Trustee
<br />shall govern to the exclusion of all other pravisions for substitution.
<br />NOTICES. Any notice required to be given undar this Deed of Trust, including without limitatinn any natice of default and any notica af
<br />sale shall be given in writing, and shall be effective whan actually deliverad, when actually received by telefacsimile (unless atherwise
<br />required by law), when deposited with a natipnally recognized overnight cpurier, or, if mailed, when deposited in the United 5tates 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 />copfes of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lendsr'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 ather parties, specifying that the purpose of the notice is to change the party'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 thare is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEpUS PROVISIONS. The following miscellaneous provisions are a part ot this Deed of T'rust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes 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 7rust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received frvm the Property during Trustor's previaus fiscal yaar in such form and detail as
<br />Lender shall require. "Net operating incvme" ahall mean all cash receipts from tha Property less all cash expenditures made in
<br />connection with the oparatipn pf the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for cpnvenience purppses only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. 7here shall be no merger of the interest or estate created by this Desd pf Trust with any other interest or estate in the
<br />Prpperty at any time held by or for the benefit of Lender in any capacity, without the written consent of lender.
<br />Governing Law. Thix Daed nf Trust wlll he governed by federal law applica6le to Lender and, to the extent not preempted bq federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. 7his Peed of T►ust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustar agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />5tate of Nebraska.
<br />Joint and Severa) l.iability. All obligations af Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and �II references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of 7rust. Where any ona or more of the parties is
<br />a eprppration, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire intp the ppwers pf any of
<br />the officers, directors, partners, members, ar pther agents acting or purporting to act on the entity's 6ehalf, and any obligations made
<br />or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of 7rust.
<br />No Waiver by l.ender. Lender shall npt bs deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall nperate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall nnt prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision pr any other provision of this Deed of Trust. No prior waiver by
<br />Lander, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any af Lendar's rights or pf any pf
<br />Trustor's obligations as to any future transactions. Whenever the consant af Lender is required under this �eed of Trust, the granting
<br />of such consent by l.ender in any instanca shall not canstitute cantinuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of l.ender,
<br />Savarahility. If a court of competent jurisdiction finds any provision of this Deed of 7rust to be illagal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illsgal, invalid, or unenforceable as to any other circumstance. If
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