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, DEED OF TRUST 2 O i Q Q 9 8 1(j
<br />Loan No: 923610 (C011tirlu9d) Page 5
<br />remedy conferred upon or reserved ta Trustee or Lender, is intended to 6e axclusive of any other remedy in this Deed ot Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now nr hereafter existing at law or in equity or 6y statute. �very power or remedy given by the Note nr eny of the Related Documents
<br />to Trustee ar Lender or to which either of them may be otherwise entitled, may be exercised, cancurrently or independently, from time
<br />to time and as often as may be deemsd expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nvthing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election 6y Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to maka expenditures or to take action to perform an o6ligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedias.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice nf Default and a copy of any
<br />Notice of Sale under this �eed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover
<br />such sum as the court may adjudge reasonable. Whather or not any court action is involved, and ta tha extent not prohibited by law,
<br />all reasonable expenses Lender incurs that in Lender's opinion are necessary at eny time tor the protection of its interest nr the
<br />enforcement of its rights shall become a part of the Inde6tedness payable on demand and shall bear interast at the Note rate from the
<br />dat� pf the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits
<br />under applicable law, l.ender's expenses for 6ankruptcy proceedings (including efforts to modify or vacate any automatic stay or
<br />injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports
<br />(including foreclosure reports►, surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted
<br />by applicable law. Trustor alsn will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section,
<br />POWERS AND OBLIGATIONS pF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, 7rustee shall have the power to take the following
<br />actions with respect to the Property upon the wri#ten request of Lender and Trustor: (a) join in preparing and tiling a map or plat ot
<br />the Real Proparty, 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 in[erest of
<br />I�ender under this Deed of Trust.
<br />Trustes. Trustee shall mea# all qualifications required for Trustee under applicable 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 foreclose by notice and sale, and Lsnder
<br />shall have the right to foreclose 6y judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />5uccessor Trustee. Lender, at Lender's option, may from time to time appoint a successor 7rustee to any Trustee appointed under
<br />this beed of Trust by an instrument executed and acknowledged by Lender and recorded in tha office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of #ha original
<br />Lender, Trustee, and Trustor, the 600k and page (or 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 acknowladged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance af tha Property, shall succeed to all the #itle,
<br />power, and duties conferred upon the Trustee in this Desd of Trust and by appliceble law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required tv be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall 6e affective when actually delivered, whan actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recagnized overnight courier, or, if mailed, when deposited in the United States meil, as
<br />first class, certified or registered mail postage prepeid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed af Trust by giving formal
<br />written notice to the pthar parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's curren# address. Unless otherwise provided or requirad by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISC�LLANEOUS PROVISIONS. The follawing miscellaneous provisinns are a part of this Deed of Trust:
<br />Amendments. This Dead of Trust, together with any Related Dacuments, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this peed of Trust. No alteretion 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 6y tha alteration or amendment.
<br />Annuai Reports. If the Property is used for purpases other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net oparating 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 Deed of Trust are for convenience purposes only and are not to 6e used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Mergsr. There shall be no merger of the interest or estate created by this Deed of Trust with any othar interest or estate in the
<br />Property at any tima held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. 7his Deed ot 7rust will be governed by federal law applicable to Lender and, to the extent not preempted qy federal
<br />law, the laws of the State of Nebraska without regard to its canflicts of law provisions. This Dsed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Joint and Several Lia6ili#y. All obligations of Trustor under this Deed of Trust shall be joint and several, and all refarances to Trustor
<br />shall mean each and every Trustor. This msans that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deamed to have waived any rights undar this Deed of Trust unless such waiver is givan in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shsll operate as a waiver of such
<br />right or any nther right. A waiver by Lender of a provision nf this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. Na prior waivar by
<br />Lender, nor any course of dealing 6etween l.ender and Trustor, shall constitu#a a waiver of any of Lender's rights nr of any of
<br />Trustor's obligations as to any future transactians, Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequant instances where such consent is
<br />required and in all cases such consent may be grantsd vr withheld in the sole discretion of Lender.
<br />Saverability. If a court of competent jurisdiction finds any provision of this Deed of Trust to 6e illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the vffending provision illegal, invalid, or unenfprcaable as to any other person
<br />or circumstance. If feasibla, the affending provision shall 6e considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted frpm this Desd of 7rust, Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the lagality, validity or
<br />enforceability of any other provision of this beed of Trust.
<br />Successors and Assigns. Subject to any limitatipns stated in this Deed of Trust on transfer of 7rustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the 6enefit of the partias, their successors and assigns. If ownership of the Prvparty becomes
<br />vested in a person other than 7rustor, Lender, without notice to Trustor, may daal with Trustor's successors with reference tn this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
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