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201008939
<br />DEED OF TRUST
<br />�Continuedy
<br />Page B
<br />EEection nf Ramedies. All af Lender's righLs and rerrisdiea wi[f be cumulafive and may be exercised alvne or tagether. If L.ender
<br />decides to spend money or ta p�rform any af 'Crusto�'s obligations under this aeed of Trust, xfter Trustar's fallure to do so, that
<br />decision by Lender will nat affect L.ende�'s right to declare Trustor in defaulF and to exerc�se Landers r�medies.
<br />Raquest ror Notice, Tnfstor, an hehalf of Trusbpr and Lender, hereby requests that a capy �f any Notice af Def�ault and a cvpy of any
<br />Natice of Sale uhder thi� Deed af Tru�t be mailed ta them at the addrasses set farth in tha first paragraph of this Deed pf Trus�
<br />At#orneys` Fess; Exponses. If I.ander institutes any suit ar action to er�force any of the terms af this peed df Trust, Lender shall be
<br />entitled ta renover such sum �s the aourt may adjudge reasonable as attom�ys' feea at trial and upon any appeal. Whether or npt any
<br />caurt actlon is involved, and to the ex6ant not prohibit�d by law, ali ressonable expenses Lender incurs that in L»ender's opfnion a�e
<br />nec�ssary at any time for the protectian of ika interest ar th� enforvement of Fts ri$hts shall baaome a part of ihe lrldebtedness �ayabfe
<br />an dsmand and sh�ll bear irrterast at the Nate rate from tha date of the expend�ture untit repaid. Expansas cavered by this paragraph
<br />include, w[thout Ifmltatian, how�ver subjed to any limits under applicable I�w, Lender's attcrneys' lees and Lende�'s �egal expenses,
<br />whether or not there Is a lawsutt, Inaluding attomeys� fees and expenaes inr bankruptcy proc.eedin�s (including efforts to modify pr
<br />vacate any aubomadc stay or injunction), appeals, and any anticlpated post judgment coElectinn services, the oost of seardting
<br />recnrds, obtaining titie repprts (includlrtg fareclasure repatts), surveyors' reports, and appralsal '1ees, titl� insurance, and feas for the
<br />7"rustee, tv the exberrt perrnitted by appl�cable law. Trustor also will pay any court casts, in addltion to all ather sums pravided by
<br />taw.
<br />Rights of Tr�te�. Trustee shall have ali nf the right� and duties of Lender as ssi farth in this section.
<br />PDWERB ANf] p81.1�3ATIf3NS OF TRUST��. The folipw(ng pmvislons relating to the powers and pbilgatiohs of 'Frustse ars part raf this
<br />Deed af Trust:
<br />Pawors of Trustee. In pdditioh to afl powers of Trustae �rising as a m�tter of law, Trustae ahall have the power to take the fallowing
<br />actions witt� respect to fhe Property upan the wrFtten request of Lender and 7rustor: (a) Jpin in preparing and filing a map or plat df
<br />the Real Property, indudfng the dedlcatipn af atreets or other rightts to the public; (b) jnin in grantinq any, easemerrt or creatinq any
<br />restriction on the Fieal Properiy; and (c) Join in any subr,rrcfination or ather agreemer�f affectfng this peed of 'Trust vr the interest of
<br />l.encter under thls Daed of Trust.
<br />7r�tee. Trustae shall meet al! quaEifications rBquired far Trustee under applicable law. In addition to the rights �nd r�medies set
<br />Torth above, wlth respect to atl ar any part of the Property, the Trustee shaA have thQ riqht to foraclose by naklr,e and sale, and Lender
<br />wiU heve the right fia fnreclose by judtcfal for�closure, in elther case in aocprdance wfth and !o the fult extant provided by appfic�ble
<br />law.
<br />Successar Trustea. Lender, at Lende�'s aption, m�y frarri time tv time appoint a suc�asaor Trustee to any Trustee appofnted under
<br />this need af Trust by an insh�ument executed �nd acknawfed�ed by Lander and reoorded !n the of�ioe of � recarder of FWLL County,
<br />5tate of tJebraska. The inatrumen! shall cantain, in addition tn all other maiter� required by state law, the names of kh� origina!
<br />l..ender, 7ruatee, and Trustor, the bapk and page (or oomputer system reference) wher� this Deed of Trust is recnrded, and the name
<br />and address of thd sucvessor trustee, and the irtstrument �hail k�e eapecuted and acknawledged by all the bene#1Ciaries under this D�ed
<br />af Trust or thair successors fn fr�terest. 1"he suc�essvr trustae, without conveyanae of the Properiy, shall suco�ed to a!i !he title,
<br />power, and dertia� conferrad upon the Trust�e in this DeBd of Truat e�nd by applicable law. This procedure for substitution af 7rustee
<br />shall govem to the exclusion aF ail other provisions for substitution.
<br />�JO'I"IC�S. Any natice roqulred ta be given und�r thia peed af Tru�t, including without limitatian any noNva of default and any nati�e ot
<br />sale ah�ll be given in writing, and bhall be @ffactive when actually delivered, when actually rec:eiv�d by telefacsimlle (unfess otherwise
<br />required by !aw), whan depositect with a nationally r�c�pgrifized ovemipht oourier, or, i� mailed, when deposited in the United States maif, as
<br />first class, ce►tified or r�gistered mail pastage prepaid, directed to the addresses shown naar the b�ginning of thls beed of Trust. All
<br />copies pf natic�s af foreGasure from the holder of amr Ifen whfch haa priorily over this Deed ot Trust shail be sent to Lender's address, as
<br />shown near th� beginntng oi this Deed of "Crust� Any person may change his ar her address for naticas under this Deed of Trust by giving
<br />farmal written notice to lhe� other persan or persons, spec.ffyfng that the purpase of the notice Is 'to change the person's addres�. For
<br />notice purposes, Tru�tor agreas to keep Lender itiformed at a!I times ot Trustor"s awr�+ent address. Unless otherwise provided or required
<br />by Eaw, if there is more q►an pne Trustor, any notirse given by 4ender to eny Trus6or is deemed to ba natice givsn to all Trustors. It wf1) he
<br />TrusWr's respansilaili� to tall the oth�r� t�f the notioa from �endBr.
<br />MISCELLANEpUS pltOVt510H5. Th� follqwing miscellaneous provisions are a part of this paed af Trusfi
<br />AmendmeMs. What is writtdn In thi� peed of Trust and !n the Related pocuments is Trustp�'s enNr� �greement with L�ndar
<br />cvnoerning the mattars covered by this Aeed of 7rust. i'q be effective, any ohange nr amendment to this aeed of 7rust muat be in
<br />writing and must ba signed by whoever will be bound or obligated by the change or amendmerrt.
<br />Ga�ptinn He�ings. Captinn headinps fn thfs Deed of Trust are for convenianoa purposes only and are not to be used ta Interpret or
<br />define the provisians af this paed af Trust.
<br />Merger. There shall be na merr�er of the Interest ar estat� cr�abed by this peed a�l7rust with any other inter�st or e�tate in tha
<br />Propet'ty at any time held by or for the beneflt af L,ender in any ca�adfy, without the wrl3ten consant of Larxier.
<br />Governing Law. 'I'h� Deed of Truat will t�e �ovarned 6y fadatal law applicable to Lendfr and, tp the exterrt eat preempted by federal
<br />law, the laws M the $taaW of Nabraaka wfthouE regard ba its confliots of law provi�afons. 7his l7eed crf Trust has 6een ann�pted by
<br />LBndBr in tha Stata of NrBraska.
<br />Jolnt and Several Ltabllity. AI! obligations ai Trustor under ihls Deed of Trust shali ba jaint and several, and a11 referaroces to 7rustor
<br />shall mean each and every 7rustor. This means that each TrusWr signing 6elow is responsihle fvr �II abligativns in this Deed pf Truat,
<br />Fia Wa�rer by Lender. Trustor understands lender wili nat glva up any of Lender's riphts under ttiis Deed of Trust uniess t��nder daes
<br />sn in writing. The fad that I..ender delays pr omits to exercise any right wqt not mean that Lendsr has given up that right. If L�ndar
<br />does ��ree in wridng to give up ane af Lender's �ights, thai daes nnt mean Trusbor wlil not have td �mply with the other prov�sions
<br />af this Deed of Trust. Trustor aiso uriderstands that if Lander doas aansent to a request, that da�s not mean that Trustor will nat
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