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<br />DEED O� TRUST
<br />Loan Nq: 10123�Q77 `'r + e � i � f (Continued) 2 4 1 O O��$� pa9e �
<br />to time and as often as may be deemed expedient by Trustee or l.ender, and either of tham may pursua inconsistent remedies.
<br />Nothing in this Deed of Trust shall be canstrued as prohibiting Lender from seeking a deficienpy judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustar's feilure
<br />to perform, shall not affect Lender's right ta declara a default and exercise its remedias.
<br />Request for Notice. 7rustor, on behalf of Trustor and l.ender, hereby requests that a copy af any Notice of Default and a cppy of any
<br />Notice of Sala under this pasd of Trust be mailed ta them at the addresses set fprth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforca any pf 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 and upon any appeal. Whether or not any
<br />court action is invalved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in L.ender's opinivn are
<br />necessary at any time for the pratection of its interest or the enforcement of its rights shall became a part vf the Indebtednsss payahle
<br />on demand and shall bear interest at the Note rate from the date of the axpenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject 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 to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fess, titl� Insurance, and feas for tMe
<br />Trustee, ta the extent permitted by applicabls law. Trustor also will psy any cqurt costs, in addition to all other sums provided by
<br />law.
<br />Righta of Trustse. Trustee shsll have all of the rights and duties of Lender as set forth in this section.
<br />PQWERS AND OBLIGATIQNS QF TRUSTEfi. The following provisions relating to the pawers and obligations of Trustee ara 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 7rustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) 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 of
<br />Lender under this Deed of 7rust.
<br />1'rustee. 1'rustee shall meet all qualifications reqwired fpr Trustee under epplicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part af the Property, the Trustee shall have the right to fpreclose by notice and sale, and Lender
<br />shall hava the right to fpreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successpr Trustee. Lender, at Lender's option, may from time to time appoint a successor 7rustee ta any Trustee appvinted under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the affice of the recprder of HALL County,
<br />State of Nebraska. The instrument shall contain, in additfon tp all othar matCers required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the bpok and page (pr computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the baneficiaries under this Deed
<br />of Trust or their successors in interest. The successvr trustee, without cvnveyance of the Prqperty, shall succeed to all the title,
<br />power, and duties conferred upon the Truatea in this Deed af Trust end by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NpTICES. Any notice required to be given under this Deed of Trust, including without limi[ation any natice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Statas mail, as
<br />first class, certitied or registered mail postage prepaid, directed to the addresses shown nsar the beginning af this Daed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Dead pf Trust shall be sent to Lender's address, as
<br />shown near the beginning pf this Deed of Trust. Any party may change its address for notices under [his Deed of Trust by giving formal
<br />written notice to the other parties, specifying thet the purpose of the notice is to change the party's address. For notice purpases, Trustor
<br />8gree8 t0 keep Lendar informed at all times af 1'rustor's current address. Unless otherwise provided or requir9d by I�w, if there is more
<br />than one Trustpr, any notice given by Lender to any Trustor is deemed tp be notice given to all Trustors.
<br />MISCELLANEOUS PRpVISIONS. The fpllowing miscellanepus prpvisivns are a part of this Deed pf Truat:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to l.ender, upon requast, e
<br />csrtified statement of net operating income received from the Property during Trustor's previpus fiscal ysar in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this peed of Trust are for convenience purposes only and are not ta be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by ar for the benefit af Lendar in any capacity, without the writtan cansent of Lender.
<br />Governing Law. This Deed of Trust will be govemed by federal law applicabte to I.ender and, to the axtent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictivn of the courts vf Hall County,
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