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DEED OF TRUST
<br />Loan No: 10123���1 ��� i�"� � (Continuedl 2 Q i O O 8 2 3 U
<br />Page 6
<br />to time and as often as may be deemed expedient by Trustes nr 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 of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend mpney pr to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, pn behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed 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 ta enfprce 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 />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in l.ender'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 the Indebtedness payable
<br />on demand and shall bear interest at the Nnte rate frpm the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy procaedings (including efforts to modify or
<br />vacate any auiomaiic stay or injunctionl, appeals, and any anticipated past-judgmen# collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports►, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted b.y applicable law. Trustor also will pay any court costs, in addition tv 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 />POW�RS AND OBLIGATIONS OF TRUSTEE. The following 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 of law, Trustee shall have the power #p take the fpllowing
<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 tha public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and Ic) join in any subordination nr pther 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 notice and sale, and Lender
<br />will have the right tp foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee tn 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 af the priginal
<br />Lender, Trustee, and Trustor, the book and page (or computer system refarence) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and tha instrument shall tae executed and acknowledged by all the beneficiaries under this Deed
<br />of 7rust or their successvrs 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 Deed of Trust and by applicable law. This procedure for su6stitution of Trustee
<br />shall govern to the exclusion of all other provisions far substitution.
<br />NQTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any natice 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 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 ouer this Deed of 7rust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written no#ice tp the other person or persons, specifying that the purpose of the notice is to change the parson's addrass. For
<br />notice purposes, Trustor agrees to keep l.ender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than vne Trustpr, eny notice given by Lender to any Trustor is deemed to be notice given to atl Trustors. It will be
<br />Trustor's respansibility to tall the others of the notice from Lender.
<br />MISCELLANEpUS PRQVISIQNS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signad by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interprat or
<br />define the provisions of this Deed of Trust.
<br />Marger. Thare shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estata in the
<br />Property at any time held by or for the 6enefit of Lender in any capacity, without the written consent of Lander.
<br />Governing Law. This Dsed of Trust will be governed dy federal law applicable to Lander and, ta tha axtent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law previsions. This Dsed of Trust has 6een accepted by
<br />Lendar in tha State of Nabraska.
<br />Choice of Venue. If [here is a lawsuit, 7rustor agrees upon Lendar's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Ne6raska.
<br />Ne Waivar by Lander. Trustnr understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
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