2�iiooi�2�
<br />ta enter upon, take possession of and maz�►age the Property and to collect the rents of the Property inclu�iing those past
<br />due. Any rents collected by Beneficiary or the receive:r shall be applied first to pa}m�ent of the aosts of management o£
<br />the Property and collection of rents, including, but not lirnited to, receiver's fees, premiums on receiv,er's bonds and
<br />reasonable attomey's fees, and then to the surns secured by this Security Instrum�nt. '
<br />16. R.EMBDIESNOTEXCLUSNE. �'rusteeundBeneficiary,andeachofthem,�hallbeentitled
<br />to enforce paytncnt and performance vf any indehtedness or ohligations secured ]xereby a.zid to exercise all x igk►fs and
<br />pawers under this Deed of "�rust or under any Lnan Instruinent or other agreement or any laws now ox hereafter in force,
<br />notwithstdnding soma or all of the such indebtedness and obligations secured hereby rnay now or hereafter be otherwise
<br />secured, wh�ther by mortgage, deed of trust, pledge, lien, assigiament or otherwise. Neitlxer the acceptance of this Deed
<br />of Trust nor its ez�orcement whecher by court action or pursuant to the power of sale or other powcrs herein contained,
<br />shall prejudice or in any manner affect Trustee's or Bene�ciary's right to realize upon or enfvxce az�.y other security now
<br />or hereafter held by Trustee or �iene�ciary, it being agreed that Trustee and Beneficiary, and each nfi them, shall be
<br />entitled to enforce tivs Deed of Trust and any otb,ex security now or hereafter held by Beneticiary or Trustee in such arder
<br />and manner as thEy or either o�them may in their absolute discratian detez�i�.e. No remedy herein conferred upon or
<br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy hexein or by la�v provided or
<br />peritv.tted, but each shall be cumulative and shall be in addition to every oCher reznedy given hereurider or naw or
<br />hereafter existing at law or in equity or by statute. Every powar ar remedy given by any of tho I,oan',Instruments to
<br />Trustee or 13eneficiary or to which either of thsm may be otherwise entitled, may be exercised, concurrently or
<br />independently, fro�ax tinne to tirne and as often as may be deamed expedient by Trustee or Bene�ciary and either or them
<br />may pursue inconsistent remedies. Nothing herein shall Ue construed as prohibiting Beneficiary fram seeking a
<br />deficiency judgment againsC Che Trustor to the extent such actian is penmitted by law.
<br />] 7. �ZXTU�iL FILING. To the extent that unprovements and Property constitute fiactures, this
<br />ir�strument shall be filed in the real estate records of the Caunty of the location of the Property and be deemed a fixture
<br />filing.
<br />1�. GOVERNING 7 AW. This Deed of Tx sb,a�l be �overned by the laws of the 5tate of
<br />Nebraska. In t}ze event that any provisions or clause of any of the T,oan Tnstruments conflicts with applicable laws, such
<br />conflicts shall not affect other provisions of such Loan Instruments 'which can be given effect without ;the conflictuig
<br />provision, and to this end the pravisions of the I,oan Instruments are declared to be severable. This ins�wnent caunot
<br />be waived, changed, discharged or terminated nrally, but only by an inst�ument in writing signed by tlie party against
<br />whom enforcament of any waiver, change, discharge or ternunation is sought.
<br />19. TRUST�E'S FEE. In the event oF default, unless specifically waived in writjn�; by Trustee,
<br />Trustor agrees ta pay Trustee a fee equal Co $50.00, or one-half (%a) of one pexcent (1%) of the entire unpaid principal
<br />sum secured, whichever is greaCer, subject to the limits ofNeb. Rev. Stat. §76-1012, as amended. ,
<br />20. RECONVEYANCE. Upon pay:nn.ent of all sums secured by this Secur�ty Instrument,
<br />�eneficiary shall request Trustee to reconvey the Property and 5ha11 surrender tla.is Secuxity Instrument and all notes
<br />evidencizxg debt secured by this Security Agreement to Trustee. Trustee shall reconvey the �rope�rty without warranty
<br />and without charge to the p�zson or persons legally entitled to it. Such person or persons shall pay any recordatipn costs.
<br />21. REQUEBT FOR N�TIGES. Trustor requests that copies of t�ie noCiaes of default and sale
<br />be sent to Trustar's address which is the Property Address. T:rustor further xequ�sts that capies of the nvtices of default
<br />and sale be sent to each person who is a party hereta at the addr�ss of such person set forth herein, i
<br />22. NOTTCES. Any notice to Trustnr provided for iu� this Security Instrument s�iall 6e given by
<br />delivering it or mailing it by first class mail unless applicable law requires use of another method. The;notice shall be
<br />direated to the Property Address or any other address Trustor designates by nqtice to Benef�ciary. ' Any notice to
<br />Beneficiary shall be grven by first class rnail to Seneficiary's address stated herein or any other address Beneficiary
<br />designates by notice to Trustor. Any notice provided for in this Security Tnstrument shall be deemed to have been given
<br />to Trustor or Bene�ciary when given as provided in tl�s paragraph.
<br />23. ACCEPTANCE BY TRUSTEB: Trustee accepts this Trust when this Deed of Trust, duly
<br />executed and acknowledged, is made a puhlic record as provided by law.
<br />1N WITNES$ WH.EREDF, Trustor has executed tlus Deed af Trust as of thc day and year frrst above
<br />written. �� � ,��,(/" 1
<br />�
<br />STATE OF NEBRASKA
<br />COUNTY OF HAT,X.,
<br />)
<br />) SS
<br />)
<br />'I'he foregoing Deed of'Trust was acknowledged before me on Jauuary �, 2011, by Rick S. Johnson
<br />and Patricia Ann 7phnsozz, husband and vvife, as their free and voluntary act and deed.
<br />G�l . l-�J�
<br />My Commission Expires; I o� �; U � � Notary Public
<br />G�NERA� NpTARY - State of Nebraska
<br />SARAH M. WILES
<br />-- My Comm. Exp. ,1une 19, 2011
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