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, A r DEED O�' TRUST r �� t
<br />� �., �''} (;'�, � 1 1 � .i. 4 � �� (C011tlnu6d) 2 0 � � 0 � � a7 f7 Page 5
<br />Remedies Not �xclusive. Trustee and Lender, and each of them, ahall be entitled to enforne peyment and perfarmance of any
<br />indebtedness o( obligations secured by this �eed of 7rust and to exercise all r.ights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; no[withstanding,
<br />same or all of such indabtedness and obligations secured hy this Deed of Trust may now or hereafter pe otherwise secured, whether
<br />by mortgage, deed of trust, plsdge, lien,' assignmant or otherwise. Neither the' aCceptance oY this Deed'af'Trust nar its enforcemant,
<br />whether by court action or pursuant to the power of saie or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustea's ar Lander's right ta realize upon or enforce any other security now or hareafter held by Trustee or l.ender, it
<br />being agreed that Trustes and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any ather security now or
<br />hereafter held 6y Lender or Trustee in such arder and manner ax they or eithar of them may in their absolute discretion de[ermine. No
<br />remedy conferred upon ar resarved to Trustee or Lender, is intsnded to ba exclusive of any other remady in this Deed of 7rust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition #o every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Euery power or remedy given 6y the Note or any of the Releted Documents
<br />to Trustee or Lender or to which either of them may �a.otherwise entitled, may be axarcised, concurrently or independently, from time
<br />to time and as oftan as may ba deemed expadient by 7rustse ar Lender, and' either qf them may pursue inconsistent remedies.
<br />Nothing in this Deed of 7rust shall be canstrued as prohibiting Lander trom seaking a deficiancy judgment against the Trustor to the
<br />extent such action is permittad ky law. Eleatipn by Lender ta pursue eny remedy shall not exclude pursuit nf any ather remedy, end
<br />an election to make expenditures or to take action to perform an ppligation of Trustor under this peed ot Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare e default and exercisa its remetlies.
<br />Request far Notice. Trustor, on qehalf of 7rustor and Lender, here6y requests that a copy of any Notice af pefault and a copy of any
<br />Notice of Sale under this ❑eed of Trust be mailed to them at the addresses set fqrth in the first paragraph of this Desd of Trust.
<br />Attorneys' �aes; Expenses. If Lender institutes any suit ar action to enforce any of the #erms of this Deed af Trus[, Lender shall be
<br />entitlad to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or nnt any
<br />court actian is involved, and to the extent not prohibited 6y law, all raasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any tima for the protection of its in#erext 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 data of the expenditure until repaid. Expenses coverad by this paragraph
<br />include, without limitation, however su6ject to any limits under applicable law, Lender's ettomeys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attarneys" fees and axpensea for bankruptcy prpcsedings (including efforts ta modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collectipn servicas, the cost of searching
<br />records, obtaining title reparts (including foreclosura reportsl, surveyors' raports, and appraisal fees, titla insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor aisn will pay any court costs; in addition to all other sums prpvided by
<br />law. . , � . , , '
<br />Rights of Trustee. Trustae shall have all of the rights and duties of Lender as set forth in this section.
<br />PqWERS AND OBLIGA7tONS �F TRUSTEE. The fallowing provisipns relating to the ppwers and obligations of Trustae are part of this
<br />Dead of 7rust:
<br />Powers of T'rustae. In additian to all `powers qf Trustee arising as a matter of law, Trustee shall hava the power to take the following
<br />actions with respect to the Proparty upon the written raquest of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Raal Property, including the dedication af streets or other rights to the public; (b) jpin in granting any easement or creating any
<br />restrictian on the Real Property; and (c) join in any subordination or other agreement affecting thls paed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee: Trustee shall meet all qualifications required fqr Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any psr# af the Property, the Trustee shall have the right to foreclose by notice and sale, and Lander
<br />shall have the right to foreclose by judicial foreclosure, in either casa in accordance with and ta tha full extent provided 6y applicable
<br />law.
<br />Succassor Trustee. Lender, at Lender's option, may irom time to time appoint a successor Trustes ta any Trustee appointed under
<br />this Deed of Trust by an instrurnent executed and acknowledged by Lender and recorded in the pffica pf tha recorder of Mall County,
<br />State of Nebraska. 7he instrument shall contein, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustae, and Trustor, the book and page (or computer system raference) where this Deed of 7rust is recordad, and the name
<br />and address of the succassor trustee, and the instrument shal) be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust nr their successors in interest. The successar trustee, without conveyanca of the Property, shall succeed to all #he titla,
<br />power, and duties canferred upan the Trustee in this Daad of 7rust and by applicable law. This procedure for su6stitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTIC�S.. Any notice required to be given under this bead of Trust, inciuding without limitation any notice of default and any notice of
<br />sale shall be given in wrjting, and shall be effective when actually delivered, when actually received 6y telefacsimila (unless otherwise
<br />required by lawl, whan daposited with a nationally recqgnized'pvernight; courier, or, if mailed, when dapvsitad in the United'States mail, as
<br />first class, certified or' registered m postage prepaid, directed to the addresses §hown. near the beginning of this Deed of Trust. All
<br />copies af notices of foreclosure from t,he holde'r of any lian'which,iias p'rip'ri.ty,over this Deed af'Trust shall be sent to Lender's address, as
<br />shown near the �aginning of this Deed of Trust. Any party may �change its address for �noticas under'this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose ot'the natice is to change the party's address. For notice purposes, Trustor
<br />agrees to kesp Lender intormed at all times of Trustor's currant address. Unless o#herwisa prqvided or required by law, if thera is more
<br />than one Trustor, eny natica giuen by Lender to any Trustor is deemed to be notice given .ta all Truatars.
<br />MISCELLANEOUS PROVISIQNS. 7he following miscellaneous provi"sions are a part of this beed af 7rust:
<br />Amendmants. This Deed of Trust, together with any Related bncuments, consti[utes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendmant ta this Deed of Trust shall be effectiva unless
<br />given in writing and signad 6y tha party or parties sought to be charged or bound by the akaration or amsndment.
<br />Annual Reports. If the Property is used for puFposes other than Trustor's residence, 7rustor aha�l furnish to Lender, upon request, a
<br />certified stetement af net operating income received frpm the Property during Trustpr's previpus fiscal year in such form and detail as
<br />Lender shall require. "Net operating incama" shall mean all aash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Captian Weadings. Caption headings in this Deed of Trust ar@ for convenience purposes only and.are �ot to be used to interpret or
<br />defina the provisions of this Deed of 7rust.
<br />Mergar. There shall be no merger nf the in#ereat or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the qenefit of Lender in any cepacity, without the written consent of Lender.
<br />Gaverning Law. This Deed of Trust will be gnvarned by federal Isw spplicable to Lander and, to the extent not preampted by federal
<br />law, the laws of tha State af Nebraska without regard to i#s conflicts of law provisions. This Daad af 7rust has been accepted 6y
<br />Lender in the State of Nabraska.
<br />CFIpIGB of Venue. If there is a lawsuit, Trustor egrees upon Lender's request ta submit to the jurisdiction of the courts of 6uffalo
<br />County, State of Nebraska.
<br />Joint and Several Liaqility. All o6ligations of 7rustor under this �eed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each 7rustor signing pelaw is responsible fbr all obligations in this paed of Trust.
<br />Nv Waiver by Lender. ' Lender shall nat be deemed ta have waiyed any rights under this Deed of Trust unless such weiver is given in
<br />writing and signed by Lender. No delay ar bmission on the part of Lender im axercising any right shall operate as s.waiver of such
<br />right nr any`o#her.right. A waiver by Lender of a provisian of this Deed of Trust shell not prejudice or constitute a'waiver of Lender's
<br />righ# otherwise to demand strict compliance with that provision or any other provision of this Deed of 7rust. No prior waiver by
<br />Lender, nor any course of dealing 6etween Lender 'and 7rustor, shall' canstitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactinns. Whenever the consent of Lender is required under this Deed of 7rust, the granting
<br />of such consent by Lender in any instance shall not constitute cantinuing cansent tq subsequent instances whera such consent is
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