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Loan No: 808404
<br />D � D ST 2 011019 2 9 Page 5
<br />Rernedies Not Exclusive. Trust:ee and Lender, and each oF them, shall be entitied to enforce payment and performance of any
<br />indebtedness or obligations secured by tf�iis Deed of Trust and to exercise ail rights and powers under this Deed ofi Trust, under �the
<br />Noie, under any of the Helated Documenis, or under any other agreernenC or ariy laws now or hereafi:er in force; notwithstanc�ing,
<br />some�or �II of such indeb�tedness and ol�ligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the accept�nce of this Ueed of Tri.ist nor its enforcernent,
<br />whettier by court action or pursuant 'lo the power of sale or other powers contained in 1:his Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other securiry now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entiiled to entoroe ihis Deed of Trust and any other security now or
<br />hereafter held by I_ender or Trustee in such order and manner as they or either vf them may i� their absolute discre[ion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exdusive of any other remedy in this Deed of Trust or by
<br />law provided or perrnitted, but each shall be curnulakive and sFiall be in addition to every atlier remedy given in this Deed of Trust or
<br />now or hereafter existiny at law or in equity or by sta[ute. Every power or remedy qiven by the Note or any oi the Related Documents
<br />ro Trustee or I_ender or to whir,h either oi them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be dee.med expedient by Truslee or Lender, and either of theni may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibi[ing Lender irom seeking a defir.iency judyment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All oF Lender's rights and rernedies will be cumulative and may be exercised alone or together. IF Lender
<br />decides to spend money or to perform a��y of Trustor's obligaCions under ihis Deed of Trust, after Trustor's failure to do so, tliat
<br />decision hy Lender will not affect Lender's right to declare Trustor in default and 10 exercise LP.fI(�Pf�S fP,fT1B(IIP.S.
<br />Request for Notice. Trustor, on behaff 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 tirst paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. H Lender institutes any suit or action to enforc� any of the terrns of Yhis Deed of Trust, Lender sfiall he
<br />entitled to recover such surn as the court may adjudc�e reasonable as attorneys' 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 inr,urs that in Lende.r's opinion are
<br />necessary at any time for the protection of its interest or the enforr,ement of its rights shall become a part of the Inclebteciness payable
<br />on dem�nd and sf�iall bear interest at the Note rate from the date of the expenditure untii repaid. Expenses covered by Yhis paragraph
<br />include, without limitation, however subject to any limits under �pplical>le law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not ihere is a�lawsuit, including �ttorneys' f�ees and expenses ior bankruptcy proceedings (indudiny efforts to modify or
<br />vacate 2ny aut�omatic >tay or injunction�, appeals, and any anticipated pc�st-judgment collection services, the cosY oF searchiny
<br />records, ol�taining tiUe re�orts (inclucling foreclosure reports), surveyors' reports, and appraisal iees, 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 Trustee. Trustee shall have all of the rights and duties of Lender as sefi forlh in this section.
<br />POWERS AND OBLIGATIONS 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 aN powers of Trustee arising as a matter of 1aw, Trustee shafl have the power to tal<e the foflowing
<br />actions with respect to the Property upon the wri�tten request of Lender ariJ Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication o( streets or other rights to the public; (b) join in grantiny any easeiYient or creating any
<br />restriciion on the Real Property; and (c) j�in in any subordinafion or other ayreernent atiectiny this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required fur Trustee under applicable law. hi addition to the rights and remedies set
<br />forth above, with respect to all vr any parC oF the Property, the l"rustee shall have the righC to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial Foreclosure, in either case in accordancP with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may Trom time to tiine appoint a sur.cessor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and ar,knowledged by Lender and recorded in the otfice of the recorder of HALL County,
<br />StaYe of Nebraska. The instrument shall contain, in addilion to all other matters rec�uired by state law, tlie names oF ihe original
<br />Lender; Trustee, and Trustor, the book and page (or cor7iputer systern re�ference) where th�is Deed of Trust is recorded, and the name
<br />and address ofi the successor trustee, and the instrument shall be executed and acknowledged by alI the beneiiciaries under this Deed
<br />of Trust or their successors in interest. The sur,r,essor truste�, withoul convey�nr.e of the Property, shall succeed to all the title,
<br />power, and duties conferred upon ihe Trustee in this Ueed of Trust and by arplicable law. This procedure ior substitution of Trustee
<br />shall yovem to the exclusion of all other provisions for substi[ution.
<br />NOTICES. Any notice required to be given under this Deed oi Trust, including without IimiCaCion �ny notice of def�ault and any notice of
<br />sale shall be given in writing, and shall be eNective when actually delivered, when actually received by teleiacsimile (unless otherwise
<br />required by law1, when deposited with a nationally recognized overniqht c,ourier, or, if mailed, when deposited in ihe United States mail, as
<br />first class, certified or registered rnail postage �repaid, directed to the aticJresses shown near the beyinning of this Deed of TrusL nll
<br />copies of notices of forer,losure from the hofder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />sliown near the beginning of this Deed of Trust. Any person may chanye his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, speciiying thaC the purpose of the notice is to change Che prrson's address. For
<br />notice purposes, 7rustor agrees to keep Lender informed at alI times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the noiice trorn Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part oi this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Docurnents is Trustor's entire agreement with lender
<br />concemin_y the matters covered by ihis Deed of Trust. To be eff�ective, any change or amendr7ient to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or arnendrr�ent.
<br />Caption Headings. Caption headings in this Ue�d of Trust are for conv�nience purposes only and are not to 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 Ueed oF irust with any other interest or estate in the
<br />Properry at any time held by or tor the benefit of 1_ender in any capacit.y, witliout the written consent oi Lender.
<br />Governing Law. This Deed of Trust will be governed by iederal Iaw applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraslc� without regard to its conflicts of law provisio��s. This Deed af Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, frustor agrees upon Lender's request to subrnit to the jurisdiction of the courts of Hall County,
<br />State of Nebraslca. �
<br />Joint and Several Liability. �111 ohligations oF Trustor under this Deed of Trust shall be jaint and several, and all reierences to lrustor
<br />shall mean each and every Trustor. This means that each Trustor signiny below is responsible for all ohligalions in this Deed of Trust.
<br />No Waiver by Lender. T�rustor ��inderstands L.ender will not give up any of I_ender's rights under 1:his Deed of Trust unless Lender does
<br />so in writing. The fart that Lender delays or omits to exercise any right will not mean that Lender has given up that right. lf I_ender
<br />does agree in writing to give up one of Lender's righfs, that does not rnean Trustor will not have to comply witli Uie other provisions
<br />of this Deed of Trust Trustor also understands that if Lender r,ioes r,onsent �to a request, tl�iat does not mean tha�t Trustor will not
<br />have to get Lender's consent again if the situation happens again. l rustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any oi Tn�stor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor. �
<br />Severability. If a court finds that any provision of this Qeed of Trust is not valid or shoulcl not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not he valid or entorr,ed. l�heref�re, a court will enfo�ce �h� resC nf tFJe� provisio�s of this
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