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f►•L1� � [1Z1� K�l
<br />DEED OF TRUST
<br />. . �Continued) � � �a�e �
<br />Efectf+�n o! Remediea. A!I of Lender's rights' and remedies wtl! b� Cumulative and m�y be �exercised alone ar tagether, If l.ender
<br />dacbdes to sqend manay vr to perfom► any of 7rustars nblfqatians under this Deed vf Tr�st, after Trustor"s faUure in dn sv, that
<br />• decisiori by Ler►der wilt not affect Lendei�s rfght to declare'Trustar In default and to exerctsa Lende�'s remedies.
<br />�tequ�sf for Notics. Trustor, on beh�ff of Trustor and Lerider, heraby requests tFtat a capy vf arry Notice of Defaufk and a oopy nf any
<br />�lotice of S�le under this �eed'iaf Trust he mafled to them at the addresses set farth in the first p�ragraph af this Deed of 1'rust.
<br />Attorr�ys' Fees; E�cpenses. 1� Lender institutes arry suit or act(an ta erifnrae any vf the terms of thfs Daed af 'Trust, Lender shall be
<br />• entitled to recover' such sum as Ute cnurt may adjudge reasonable as att4meys' fees at trial and uppn any appeal. Whether ar not any
<br />court actfnn is Involved, and to the extent not prohlbited by law, al! reasonable eupenses Lender incurs lhat in Lender"s apinion are
<br />nac�ssary at any time for the protectfnn at 1te interest or the enfprcement af its rights shall beaame a part of the Indebtedness payab[e
<br />on damand and shall bear interest at the Nate r�te frorn the date vf #he expenditur� unti] repaid. Expansea wvered qy this paragraph
<br />include, witi�out Iimitation, ltawaver subject to any limits undet applfcable law, Lenders attpmeys' fees and Lender"s legal expenses,
<br />whether pr not thers is a lawsuii, including attameys' fees and expenses for bankruptcy prooeedings Sincluding efforts to modify or
<br />vacate any automaUc skay or in)unctior�), appea�s, end any antidpated post judgment coile,ctlon services the cost of searcr�ir�
<br />' recflrds, obtaininq title repnrts (including foreclosure rBports), surveyors` reparts, and appralsal fees, title insurance, and fees for the
<br />Truste�, tp thp ex#�nt permitted hy app�lcabEe law. 7rustor aiso will pay any caurf costs, in sddition to ell other sums provided hy
<br />12�w.
<br />Rlght� qf Trustae. 'frustee shail have all of tha rightS and duties of lender as set forth In thla sec�ion.
<br />PdWERS AND OBLlGATIONS QF TRUS7EE. The followinp provisions Pelatinp to thB powers and abligatians af Trustee are part of this
<br />Deed pf 7rust:
<br />Pawers of Trustee. In addition to aft powerr, of 7rustee arising as a matter vf law, Trustee shall have the pawer ta take the fallcw+n�
<br />ac�ions wlkh respect to the Property upan the written request af I,ender and Trustvr: (a) Join in preparing and filing a map ar plat of
<br />the Real Property, including the dedicatian af streets or other rights to the public; (b) join in granting arry easement or creating �ny
<br />restricdon on t�te Real Froperly: and (c) Jain in any subprdlnatbn or other agreement affecting this pead vf Trust pr the interest of
<br />Lender under thts Daed of Trust.
<br />7ru�tee. Trustne shall mee# all qualifir,aYfans required for Trustee under appiicable law. In addition to th� rights and remedies set
<br />forth above, wlth respect ta afl ar arry paft af the Properiy, the Tnrstee shall have the right to toreclase by nntice and sale, and l.ender
<br />will have the right to f.oreclose by Judlolal fareclo�ure, in either case in acaprdance with and to the full exterzt pr�vided by appltcable
<br />law. .
<br />Succ�ssor Trustee. Lender, a# Lendat's.pption, may from time to tima appairrt a successor Trustee to any Truatee appvirRed under
<br />this Deed af 7rust by an Instrument executed and adcnowiedgad by G.ender and rscorded in the office af the recorder of HALL County,
<br />State at Nebraska. The iristrurnent shall opntaln, in addition to alt other matters required by state law, the names �of the prlginaE
<br />l.ender, Trustee, and Trustor, the book and p�ge (or oamputer systerrt reference) where this Deed of Tnast !s reoarded, and the r�me
<br />and address of the successor trustee, and �e instrumer�t 6ha11 be executed and acknowledged by all the benef'iciaries under this beed
<br />af Trust or their succassors in interest. The suc;c�ssor trustee, withaut canveyanc:e of the Property, shalf succ,eed to ali the tRle,
<br />p�wer, and duUes conferred 'upon the Trustse in this Deed af l'rust and by applicable law. 1'his procsdure for suhstitutivn o( trtastee
<br />shall govern ta the exclusion of all other provisians for �ubstitution. •
<br />NOTIC�B. Any r�otica requlred to be gfven under this daed of Trust, including without Itmltatlon any notice of default and any notice af
<br />sale shall i�e given in writing, and shall be effecti�e when adually delivered, when actualiy receiveq by telefacsirnile (unless atherwise
<br />req�aired by law), when deposlted wlfi� a natianally recognized ovemight courter qr, if mailed, when depasffed in the United States mail, as
<br />first c{ass, oert�ed or reglstered mali pvstag� prepaid, dhrected to the addressas Bhown near the beginning af this �3eed of Trust. Ap
<br />copfes of natices af forecbsure fram the hqider of arry �i�n which has .priority over #his L?eed of Trust shatl be sent to Lender's address, as
<br />shown near the ba�inning of thfs Deed of Trust. Any person may char�ge his or her address for n4tices uroder tfiia peed af 7rust by giving
<br />farmal written notice to the othar per&on or persans, Specfiying thaF the purpose of the nptice Is to change the person's address. Fpr
<br />notice purposes, 7rustor agraes to keap Lender Ir�formed at all times of Trusfor's current address_ Unfess nthervvlse provided or requ'sred
<br />by law, if there is more than one Trustar, any notice given by Lender tv any Trustpr is deemed ta be nptice given ta al� 7'rustors. It will ba
<br />Trustor's respansibility to telE the athers of the natice fi�om Lende, '__
<br />MlSCELLANEOUS PRpY1SlON8. Ttte following m�r.ellanevus provisions are a part of thls Deacf nf Trust:
<br />Amendments. What 15 written in this peed af Trust and in the Related 17vcuments is Trustors errtire agreemerrt wtth Lender
<br />cancerning the matters coverad by this Daed of Trust. TQ be eifective, any c{t�nge or amerxlmer�t W this Deed o� Trust must be In
<br />writin� and muat be signed by uv�oever will ba bpund nr obiigated hy the change ar ar+tandment.
<br />Gaptian Fiax�llr�s. Cap�on headings In this �eed of Trust are fior oonvenlence parposes onfy and are not to ba used ta intarpr�et or
<br />deflne the prrn�lsians pf this Daed of Tntst.
<br />Merger. 'There sh�ll be no merger af the tnterest or estate created by thfs Deed af Trust with any ather interest or estate in the
<br />Property at any time hekl by ar for the benefit of Lender in any capacity, withaut the written conserrt oT Lender.
<br />Gaveming Law. This Drad ot Trust ►nr�l� be gavsrned hy tederai law applicaWe tp Lender and, to the exterrt not preempted by fec�ral
<br />law. the laws of tha StalR af N�braska without re�ard to its cpnflicks of law provlsions. This Deed of Trust l�as been acxapted by
<br />Lsnder in the State af Nebraska. •
<br />No Walvar by Lender. •Trustar understands Lender will nat give up ar�y af Lender's rights undet this Deed nf Trust ur�ess Lender dpes
<br />so in wrfting. The fact that Lender delays or nmlts to exercisa any right will not mean that I.ender has given up that right. If Lender
<br />does agree in writing to glve up one ot L�nder's rights, that doas naf inean Trustpr witl nof have to comply withr the other provisiq�s
<br />� this Deed of 7rust. Tnrstnr atso understands ihat If Lender does conseM �o a request, that does npt mean that 7n�stor wilf not
<br />have to pet Lenda�'s consent again {f the situation happens again. 7rustor further understands that just because Lender cvrtssnts to
<br />ane pr more of Trustor's requests, that does npt mean Lendar will he required to conserrt to any oT Tras�f,pr's ft�ture requests. Trustar
<br />waivea presentment, demand fpr paymer�t, protest, and notitse of distivnor. •
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