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DE�D OF TRUST � Q 1 � � g 2 7 S
<br />Loan No: $0$337 (Continuedl Page 5
<br />(c) Trustee may in the manner provided by law postpone sale of all ar any portion of the Property.
<br />Remedies Not Exclusive. 7rustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of 7rust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under eny of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereatter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of 7rust nor its enforcement,
<br />whether by court action or pursuant to the powar of sale or other powers contained in this beed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon nr enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each bf them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absvlute discretion determine. No
<br />remedy conferred upon pr reserved to Trustee or Lender, is intended to be exclusive of any pther remedy in this �eed of Trust nr by
<br />law provided or permittad, but each shall be cumulative and shall be in addition to every other remedy given in this Peed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given 6y the Nnte or any of the Related pocuments
<br />to Trustee or Lender or to which either of them may be otherwise entitled, mey be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lander, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed vf 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 />Elec#ion of Remedies. All vf Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this beed of Trust, after Trustar's failure #o do sa, 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, on 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 Daed of Trust be mailed to them at the addresses set forth in the first paragraph of this deed of 7rust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce 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 end upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prbhibited by law, all reasonable 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 the Indebtedness payable
<br />on demand and shall bear interest at the Note rate frvm the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subjact 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 proceedings (including efforts tv modify or
<br />vacate any automatic stay or injunction►, appeals, and any anticipated past-judgment 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 by applicable law. Trustor also will pay any court costs, in addition to all ather sums provided by
<br />law.
<br />Rights af Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. 7he 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 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 dedicativn of streets or other rights to the public; (6) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest vf
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall maet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth ai�ove, with respect ta atl or any part af the Property, the Trustee sfialt have tHe riglit to foreclo�e by notice sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided 6y appliceble
<br />law.
<br />Successor 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 MALL 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 successvr trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successars in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this beed of Trust and by applica6le law. 7his procedure for substitution of Trustee
<br />shall govern tp #he exclusion of all other prpvisions for substitu[ion.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation eny notice of default and any notice of
<br />sale shall be given in writing, and shall be effec#ive when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by Iaw1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shbwn near the beginning of this beed of 7rust. All
<br />copies af notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall 6e 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 notice to the ather persnn or persons, specifying that the purpose of #he notice is to change the person's address. For
<br />notice purposes, Trustar sgrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the athers of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. 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 agraement with Lender
<br />concerning the matters covered 6y this beed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will 6e bound or obligated by the change or amendment.
<br />Caption Headings. Csption headings in this beed of Trust are for convenience purposes only and are not #o ba used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. T'here shall be no merger of the interest or estate created by this I?eed 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 capacity, without the written consent of Lender.
<br />Governing Law. This Deed af Trust will be governed by federal law applicable to Lender and, to the extent not preempted dy federal
<br />law, the laws of the State of Nebraska withaut regard to its conflicts of law prpvisions. This Deed of Trust has been accepted 6y
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If thare is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. ?rustor alsa understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if #he situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of 7rustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Saverability. If a court finds that any provision of this Qeed of Trust is not valid or should no# be entorced, that fact by itself will not
<br />mean that the rest of this Deed of 7rust wili not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed oi Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable..
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