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201008645
<br />nFEO o� - r�usr
<br />(Corrtinued)
<br />Page G
<br />either a# them may pursue Inaonsisteht remedies. Nnthing in this Desd of Trust sha11 be donatrued as prohibiting Lender from seakirig
<br />a deficiency judgment �gainst th� Trustor tp the exter�f au�h action is permitted by tew.
<br />Electlon of Remedies. Aif af Lendefs rights and remadles wfl! be numulative and may be exercised alone ar tngefher. !f Lender
<br />dacides to spend money nr to pertorm any af Trustar's obligatlorrs under tliis beed of Trust, after �'rusto�s failwe to da sa, tha#
<br />decision by Lendar wilt not �t'fect Lender's riqhC ta dedaro Trustor In clefauit and to exerasa l.ender's remedles.
<br />Request #ar Natice. Trustor, �n behalf af Trustor and Lender, heret�y rnquests that a cnpy pi �ny Notice of Default arx3 a cppy of arty
<br />Notice af S�I� under thls L?eed of Truat b�'mall�d io th�m et the addresses set forth iri the iirst paragraph of this peed of trust.
<br />Attarneys' Fees; �xpenees. If Lander institutes any suit ar activn to enforce any af the terms of this beed of Trust, l.ender 'shalE be
<br />entitled tp recc�ver such sum as the cpurk may adjudge reasonable as ettomeys' fines at trial and upon any appeal. Wheiher or noE any
<br />cvurt acfion is involved, and to the �xtenf not prohibited by law, all reasdnable expenses Lehder incurs that in Lender's apinion are
<br />necessary at any tirne for the protectian of it�rs intarest or the enforcem�m of its rights shall6ecoms a part o� the Indebtedness payabie
<br />on demar►d and sh�ll 6ear Intarest at the Credit Agreement r�te fram the date of the e�tpenditure until repafd. Expenses caversd by
<br />this paragraph fnclude, withvut (imltation, howevBr subject ta any Iimiks und�r appticaWe law, Lender's att�rneys' fees and Lender's
<br />fegal expenses, whether or not there is a lawsuit, Includfng attorneys' fe�s and expenses for bs�nkn,�ptcy proceedinga (incfuding effprts
<br />to modify or �acete any autorr��c stay ar in�unctian), appeals, artd any aniacipated post Judgment copectian servlces, the cosr af
<br />searching reovrds, obtafning titie reports (including foreclasure repnrts), surveyors' reports, and appraisal f�es, fitle insurance, and
<br />#ees for the Trustee, to the extent permitted by applinaplg law. Trustor afso wi�) pay any court casts, in additlan to alf othsr sums
<br />provided by law.
<br />Rights pf T'rustee. Trustee shall hava aii pf the righls and duties of Lender as set forth in ft�is section,
<br />POWERS ANb QBLIC3ATIGWS �F '1'FtUS7"EE. 1"he foflawinq provisions relating to the pvwers and obiigations of Trustee are part of tF�is
<br />L7eed of 7rust:
<br />Pnwerg of Trustee. In additlon to �lI povvar� of 'frustee arising as a matter of faw, Trusbee shall have the power to take the fqlfowing
<br />s�cfions with respect to the Prvperty upon the writtsn request of Lendar and 1'ruatar: (a) Jain in prepar+ng and flling a map ar plat of
<br />the Reai Property, Inoiuding the dedicatbn of streets ar ather rights to the pubtic; (b) Jofn in granting any easement or creafing eny
<br />restriction pn the Raal Properfy; and (c) )nin kn any subordinatlon ar pther agreement afFecti�g this Deed ot 7ru&t ar the interest of
<br />Lender under this D�ed of Tru�t.
<br />Trust�a. Trustee shali meaf all qualificetfona roqutred for Trustee under applir,a�e iaw. In additian to fhe rights and remedles set
<br />forth abave, with respect to ail or any part of fhe Property, the Trusbee shalf have the rlght W fprecloae by nntice and sa1e, and Lender
<br />will hav� 4he right tv fv►eclose by judicial foreclosur�, in elther case In accnrdance with and tp tl� full extent prpvlded by appNcable
<br />law. '
<br />Sucaescar Trustae, Lsnder, at Lende�s opfion, tnay from time to time appoint a successor 7rust�e to any Trustee appointed under
<br />this Deed of Trust by an in$trument executed and acknowledqed by Lender and reaorded in the office of the rpcorder of HALI. County,
<br />State pf Nebraska. 7he instrument shall canta+n, In addltion to all other mattera required by stats law, 1h� names of the original
<br />Lender, Trustee, and Trustpr, the book and ps�e (or computer syst�m rqterence) whare this beed oi Trust f� recor�ded, and tMe name
<br />and addrass af the successor trustee, and th� instrument shall be executed and acknowled�ed by aIi the beneficiaries under this Deed
<br />of Trust or their sua�essprs ln interast. The successor trustee, without conveyance �f the Properky, shall succeed to all the titEe,
<br />power, and duties opnf�rrsd upon the Trustee in thls pead of Trust and by �pplicet�te Isw. This procedure fnr substitutivn of Trustee
<br />shsll govem to the exdusion af all ather provis€ons for substitution.
<br />NQ'fIGES�. My natice requirad to be gfven under this G)eed of T'rust, including withput llmit�tion any notice of default and any notice of
<br />sale shali be givan in wrlting, and sttall be effectIve wt�en ackually delivered, when actually rec�ived by telef�cstmile (unless ntherwise
<br />requlred by law), when deposited wlth a natianpliy racaqnized ovemight oour.ler, or, If mailed, wh�n deposlted in the United States mail, as
<br />first dass, certified or registered matl postage prepaid, directed ta the addresses shnwn naar the beginning of this C�ad at Trust. Ali
<br />caples af natices of forealosure from the hv[�ar vf �ny I�n which has priorify over this �eed af 7rust shal! pe sent tv Lender's address, as
<br />shvwn near the beginning of thfs peed of 7rust. Any person may nhange his or her address for natices under th�s C�ed af Trust by giving
<br />farmal written notice to the other person or �rsons, spec�tying that the purpose af fhe nptive is to phange the persan's address. For
<br />natice purpases, Trusfar aprees tp keep Lender informed at all times oi Trustar"s cu�nt addreas. Unless otherwise provided or required
<br />by iaw, 19 �1ere is more than one Trustor, any notirs given by Lender i�o any 7rustor i� deemed to be nottce giv�n to all l'rustors. It will 5�a
<br />Trusto�s responsibl{Ity to tell the others of th� notice from E..ender.
<br />MISCLLLANEOUS PROViSIpN8. The following miscellaneous provisions are a p$rt nf this besd af'Frust
<br />Amendments. What is writken in this Deed of Trust aqd In the Relat�d I]ocuments is Trustors ehYlre egreerrient with l.ender
<br />concerning the matfers oovered by this peed af 7rust. "Co be eiYective, any change vr amendment to this Daed of Trust must b� in
<br />writing and mu�t be sipned by whoever wiiE be bound or qbligated by the change or amendment.
<br />Captinn He�din�s. Caption haadings in this I]�ed of Truat are for convanisnae purpos�s anly and are not to be used to lnter�aret or
<br />deflne the provisions of this l7eed at Trust.
<br />AA�rger. 'Chsre shall be na merger of tha interest or est�te created by this f3ead of Trust with any other Interest ar estate in the
<br />Property at any time held 6y or for the benefEt cN Lender in any capacity, withvut tha written consent of Lender.
<br />Governing Layv, This pesd of �rust wilt bQ �ovemad by fe�ral law applicable to Lender and, to the axtertt npt �eempted by fgderai
<br />1aw, th� lews of 'the State nf Nebraska without rsgard !o its cnnfliats of law provisions. This Deed pf Trust h� been accepted by
<br />1.ender In the State af Nebraska.
<br />Jalnt end Several Llabitiiy. Ali abllgatlorss of Trustor under this AeBd of Trusi shatl be Joint and several, and aif referencas tv Trustor
<br />sha�l mean each and every Trustor. Yhis means that each Trustor slgning belpw i� respdnsible for all obligattons in thts Deed nf Trust.
<br />Nn Wafver by i..�nder. Trustqr understarEds Lender will not give up ariy of Lender's rfghts under this beed o# Trust unfess Lendet' dpes
<br />so in writing. The fact that Lendsr deiays or omits to axerdse any rigMt will nat mean that Lender has given up that right. I# Lender
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