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DEED OF TRUST `� a i� o 0 3��
<br />(Cantinued) Page 5
<br />Nothing in this Deed of Trust shall be construed as prohibiting l.endar from seeking a deficiency judgment against the 7rustor 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 o6ligation of Trustor under this Deed of 7rust, after 7rustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If l.ender institutes any suit or action to enforce any of the terms of this Deed pf 7rust, Lender shall 6e
<br />entitled to recover such sum as the court may adjudge reasonable as aitorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall 6ear interest at the Note rate from the date qf the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subjact ta 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 injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of 7rustee. Trustee shall have all of the rights and duties of Lender as set for#h in this section.
<br />POWERS AND QBLIGATIONS OF 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 written request pf Lender and 7rustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of stree#s 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 Peed of 7rust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth aboue, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall Mave the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provid�d by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this beed of Trust by an instrument executed and acknowledged by Lender and recorded in the 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 the oriqinal
<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 tha successor trustee, and the instrument shall 6e executed and acknowledged by all the beneficiaries under this Deed
<br />of 7rust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 7his procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to 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 be effective when actually delivered, when actually received by telefacsimile �unless otherwise
<br />required by lew�, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, 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 C7eed of Trust shall be sent to Lender's address, as
<br />shown near #he beginning af this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, 7rustor
<br />agrees to keep l.ender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than pne Trustor, any nptice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PRQV1510NS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of l"rust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set farth 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 6ound by the alteration or amendmenS.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, 7rustor 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 operating income" shall mean all cash receipts from the Property less ell 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 be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. 7here 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 or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the 5tate of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Mebraska.
<br />Choice ot Venua. If there is a lawsuit, Trustor agrees upon Lender's request to su6mit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
<br />Joint and Saveral Liability. All o6ligetions of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing 6elow is responsible for all obligations in this Deed of Trust.
<br />Np Waiver 6y Lendar. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed 6y Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of 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. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any fu#ure #ransactions. Whenaver 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 subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforcea6le as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, tha offending provision shall pe considered modified so that it �acames legal, valid and enforceable. If
<br />the offending provisipn cannot be so modified, it shall be considered delsted from this Deed 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 legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this beed of
<br />7rust pr liability under the Inde6tedness.
<br />Time is of the Essence. 7ime is of the essence in the performance of this beed af Trust.
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