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201008368
<br />DEEC? QF TRUST
<br />�Continued)
<br />Page G
<br />Election af Remedies. AN of �ender's rfghts and remedies will kre cumulative and may be exerclsac! alone or together. If Lencier
<br />decides to spend money or to p�r(nrm any of 7rustors ahligations under this Desd vf Trust, after 7rusio�'s fallure tn do so, that
<br />decision by Lender will nat sffect LendePs risht to declare Truator in d�faalt and to exercise Lenders remedies.
<br />Raquest for N�tice. Trustor, on behalf of Trustor and Ler�der, her�by requests that a coAy of any No6oe af Default and a capy of any
<br />Notice of Sa� under this Deed ot Trust be maited to them at the addresses set �Forth in tha first paragraph pf this Deed of Trust.
<br />Attorneys' Fees; �xpen�es. If Lender instltutes any suit ar acF}an to enfprc� any af tt�e terms of this Deed of 7rust, Lend�r shalE be
<br />endtled to recover such sum aa the court may adjudge reasonable �s at6artieys' fees at trial and upon �ny e}�peal, WhBther or not any
<br />court action Is invalved, and tq tha e�cte►n! rtot prahibit�d by taw, all reasonabl� expenses Lender incurs fhaf in Lender's opinion ar�
<br />r�ecessar'y at �ny time fvr the protectian o# its iniet�eat or the enfarcement of its rights sha11 became a part af ttte ihdebtedness payable
<br />on demand and shall bear inter�st at th� Nobe raf� from the date af the expenditure untll repaid. Expenses co�ered by this paragraph
<br />incfude, withaut fimitation, however subjeot to any iimlts under applical�te law, l.enders attomeys' faas and Lender's legal e�enses,
<br />whether or nat there ]s a lawsuit, includirtg attorneys' fees and exp�nses for bar�kruptcy proc�edings (including efForts ta modify pr
<br />�acate any autamatic stay ar Injunation), ap�eafa, �nd any anticipated past juc�ment oollectian services, the cost of searching
<br />recards, abtaining title reports (including foreclasure r+eporfs), surveyars' reports, and appraisal fe��, title insurance, and fees for th�a
<br />Trusiee, ta the exfant permitted by appltcable law. 'Crustar aiso will pay any court costs, in addition ta all other 5ums provided by
<br />law.
<br />�tights nf Trustee. Trustee shalf �,ave �If aF the rights and dutie� of l.�inder as set forth In this section.
<br />POW�RS ANC] QEil.laA710N8 OF TRUSTEE. Ths foHawing pravisions rela�ng to the powers and obligations pf Trwstee are part af this
<br />Deed of Trust:
<br />Powars af 7rustee. In addifion to all pawers ef 7rustee arising as a matter of law, Trustee shall have th� pawer to take the follavr�ng
<br />actions with respect to the Properry upan the written request oP Lender and �rustar: (a) Joln in preparirrg and f�lir4q a map ar pla't of
<br />th� Real Praperty, Including the d�dicativn of str�t� nr pther rights ta the public; (b) join in granting any easemerit ar creating any
<br />restriction on the Real Prap�rty; and (c) juln tn any subardlnation or other agresrr�nt �ffecting this Deed of Trust ar th� inter�Bt of
<br />Lender undar this I�ead of Trust.
<br />Trustoe. Trustee shall meet all qua[ificatfons required for Trustee under applica6le Iaw. In �ddifion #o the rights and resmedles set
<br />ford� abave, with respect to afl or any park af the prop�rty, the 7rustee shatf hava the ri�ht ta fpreclose by noticg and sale, and Lender
<br />will have the r[ght to fareclose by J�dicial faredasure, in elther case in accordance with and to the fuli exter�E pro�ided by applic;abie
<br />law.
<br />�pccessor Trustes. Lender, at Lende�'s option, may from time to time appoint a suocassar Trustee to any Trustee app�inted under
<br />this Deed af 7rust hy an instrument eacecuted and acknowledgad by Lender and recprded In the affic� af the recorder of HAf1 Cqurtty,
<br />5tate af Nebraska. The Instrument sh�ll contafn, in additinn to alf other matber$ raquired by st�ts law, the narnes af the original
<br />Lerxier, Tru�tee, and l"rustor, the baok and page (or cvmputar sy�bem referenc�) wh�re thfs Qaed of 7h�st is recorcied, and f#� name
<br />and addr�ss af the �wcceesar trustee, and the ir►strument shall be e7cecuted and acknvwledged by �ii tha beneficlariea under thCs deed
<br />af Trust ar flreir successors in interest. The succe�svr trustee, without conveyan� of th� Prnperty, shall sucoeed to alf th� titie,
<br />power, and duties conferred upon th� Truste� in this Dead of Trust and by applicable law. Thi� procedure for substitutian af'Crustee
<br />shall govern tn the ea�c�usion of all other provisfnns fvr substitution.
<br />NpTICES. Any natias raqulred to be given under thia Daed af Trust, incduding witho�,�t limftatlan any natiae af d�fauit and any natice af
<br />sale shall be given in writinp, and sh�ll ba e}reative whan actually d�fiverad, wMen actually received by t�lefacsimiia (unless oth�rwise
<br />requlred by lew), wheh deposi6ed with a n�tionally nacagnFxed pvemight couri�r, or, if mailed, wh�n deposited in the United Statas mail, as
<br />first class, certified or r�gistered mail pnst�e prepaid, directed ta #he addrasses ghown near the b�gfnninp of this Dead of Trust. All
<br />cop3es nf nntic�s of f�reclvsure frcm the hakl�r of arry Ilen.which has prlority over this 17eed af 7rust ahali be sant to Lander's address, as
<br />shown near the beafnning a'F this Deed of Truat. Any person may ehang� his ar lter address for nofioas under th3s C7eed oF Trust by glving
<br />formaf written nntiae ta the other person or persans, apeGtytng fh�t the purpose af the natiae � ta change the person's addr�ss. For
<br />notice purpases, Trustar agrees ta keep Lender inFormed ai ail times of 7rustot's ourrent address. Unless otherwise pravided or required
<br />by law, if there is rr►ore than one 7rustor, any noti� givan by Lender ta any Trustor is deemed ba pe notice gfven to afl "i"rustars. It will be
<br />Trustpr's respensibility to tell the athers ef the noti� from Lender. •
<br />IVIISGELLANE0U5 PR�VISIdNS. T'he fnlipwing miscellaneous provisians ace a part af this [}eed of Trusr
<br />Amendmerns. What is written in thia C?eed of Trust and in the Related I�acumar►ta is Tr�astor"s entire agraemerrt with Lender
<br />cvnceming the matters cavered by this Deed of 7'rust. To be effecthra, any change or amendment tiv this Deed of Trust must he in
<br />writing and must be slgned k�y whoever will be baund or obligated by the ch�nqe or amendment.
<br />Captton tieadings. Caption headings In this Deed of Trust are for cpnvenipnce purposas only and are hat to he used to irrterpret ar
<br />deflnes the pruvislons �f this �eed o# Trust.
<br />Marger. There sha11 be no merg�r of the interest or estate created by this Deed af 7rust wtth any other interest ar estate In the
<br />Property at �ny time hetd by or for #he beneAt af Lender in arry cepacity, w{thout ttse written cons�nt ot Lender.
<br />Gaverning l.aw. This peed vf Trust will 6a povarn�d hy faderal law applicable to Lender and, to fihe exterrt not preempioed by federal
<br />law, the laws of #he State ot Alebraska withaut regard tp its conflFcfs of law provlsions. TMs [7eed of Trust h� 6een acc�ptad by
<br />Landsr in the Stat� of Nebr�ska.
<br />Jpint and 5mvaral Liabilky. All obiigatians af Trustar under this beed af Trust shall bs joint and several, and �IE references #p Trustar
<br />shalE mean dach and every 7rustar. T'his mearrs that each Trustor sf�nln� below is responsible far all obiigatians in this I]eed of Trust.
<br />No Waiver by Lender. Trustpr understands Lender will nqt give up any of Lender's rights under �is bead of Truat uniess Lender does
<br />so in wrtting. The fact that Lender delays or omits to exerc�se any right will not mean that I�ender has given up that rig�t. If Lender
<br />dves agree in writing to glve up one af Lende�°s ri�hts, that doss nat mean Trustor wil) n�t have ta comply with the other provisipns
<br />of thia Deed of Trust TrusGor also urtiderstands that If Lender does consent to a request, tMat does nat mean that Trustar wlll not
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