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20�10219�
<br />QEED OF TRUST
<br />(Continued) Page 5
<br />power or remedy gNen hv the Note or any of fhe Related Documenta to Trustse or Lender or to which aither of them may be otherwise
<br />entiqed, may be exerc�sed, concurrently or IndependenUy, trom time to time and as otten as may be deemed expedient by Trustee or Lender,
<br />and either of them mav pursue inconsstent remedies. Nothing in thfs Deed of Trust shall be consKUed as prohibiting Lender from seeking a
<br />deficiency fudBmeM against the Trustor to the extent such ectlon is permitted bv law. Electbn bv Lender to pursue eny remedy shelE not
<br />exclude pursuit ot arw other remedy, and an election to rr�lce expend'dures or to take acNOn to pertorm an obligatan of Trustor under this
<br />Deed of Trust, after Trusta�s tailure to pertortn, shall not affect Lender's right to declare a detault and exercuse its remedies.
<br />Request for Notica Trustor, on behePf of Trustor and Lerder, hereby requests that a copy ot anV Notke of Detault and a copy af any Not�e
<br />of Sale under �is Dead of Trust be malled to them at the addfesses set forth in the flrst paragraph of this Deed of Trust.
<br />Attorneys' Fees; Exp�aea. If I.ender tnstitutes any suk w actbn to entorce any ot the terms of this Deed of Trust, LerWer shail be eMiUed
<br />to recover such sum as the court mev adiudpe reasonaWa es attomeys' fees at trlal and upon eny appeal. Whether or not eny Court actlon is
<br />mvolved, and to the extent not prohibked bv law, all reasoneble expenses Lender incurs that in lenders opmwn are necesaery at anv time
<br />tor the pro[ection of its trrterest or the eniorcement of Hs rights shall becorrie e part ot the Indebtedness payabte on demand and ehell bear
<br />mterest at the Nota rate from the date of the expendilure untli repeid. Expenses covered by this paragraph Include, without IlmitaCan,
<br />however subiect to any limits under epplicable law. Lender's attomeys' tees and Lender's legal expenses, whether or not ihere is a lawsuit,
<br />�nciudinp attomeys' fess and expenses tor benkruptcy prxeed�ngs (including efforts to modfy or vacate any automatic stay or �nlunction),
<br />appeais, and any anYwipated post-ludgment collecdon services, the cost ot searching records, obtalning btla reports (includin9 mreclosure
<br />reportsl, surveVOrs' reports, and eppraisal fees, tAle �nsursnce, and fees tor the Trustee, to the exterrt parmnted by applicatile law. Trustor
<br />also will pay any court costs, In addldon to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have ali of the rights and duUes of Lender as set forfh in this section.
<br />POWERS AND OBUGATIONS OF TRUSTEE. The idlowu�g prowsions reiaGng to tlie powers and obligations ot Trustee are pert W tMS Deed o!
<br />Trust
<br />Powers of Trustee. In additbn to ell powers of Trustee arlslnp as a matter of law, Trustee ahell have the power to teke tlie tdlow�ny actlons
<br />with respect to the Property upon the written requeat of Lender end Trustor. (a) Ian in prepanng and tiinp e mep or plat of the Reel
<br />Proparly, including the dedication ot streets or other rights ta the public; {b) join m graMing arrv eesemeM a creatinp arw restrlcdon on the
<br />Real Property; and (c) jom in eny subordinetion or Wher agreement aBectinp this Deed of Trust or the mterest of Lender under th� Deed ot
<br />Trust.
<br />7rustee. 7rustee shall meet all qusliflcadons reqwred for Trustee unci�er applicaWe law. In addkion to the nghis and remedies set forth
<br />above, witti respect tu aU or any part ot the Property, the Trustee shall have the rlght to Soreclose by rwtice and sale, and Lender shalf have
<br />the ripht to toreclose by �udiciel foreclosure, in either cese m accordance with and to the tull eMent provided by eppliceble law.
<br />Successor Trustee. Lender, at I.snder's option, mav trom dme to time appomt a successor Trustee to anv Trustee appo�nted under this
<br />Deed of Trust by an �nsUument executed and acknowledged by Lender and recorded In the office ot the recorder of HALL County, State ot
<br />Nebraska. The instrument shall conTein, in additlon to all olher mattere reqwred by state law, the names ot the onginel Lender, Trustee, and
<br />Tnistor, the book end pege (or computer syatem reterence) where this Deed of Trust Is recorded, antl the neme and address ot the
<br />successor trustee, and the �nstrument shall be executed arM acknowledged by all �e beneficianee under this Deed of Trust or thetr
<br />successors in interest. The suxessor Vustee, wNlqut convevance ot the Property, shall succsed to all 1he tlUe, power, and duties conterced
<br />upon the Trustee In this Deed of Trusi and bv applicable Iaw. This procedure tor subsGtutlon ot Trustee shaU govern to the exGuswn ot ell
<br />other provisions tor substituUon.
<br />NOTICE3. Arn ratice required to be given under this Deed of Trust, including wilhout Iimitatbn eny notice ot detautt and any notice of sele shall
<br />be given in writing, end shall be effecdve when ectualty dellvered, when actuallv recelved by telefacsxNle (unless otherw�se reqwred bv law),
<br />when deposited with a natbnelly recogn�zed ovemigM courier, or, if inelled, when deposited In the United States mail, as flrst class, certifled or
<br />reg�stered ma11 postage prepaid, directed to the addresses shown near ttie beginning of this Deed of Trust. All copies rn notices of foreclosure
<br />trom the holder of any lien which has prforKy over ihfa Deed of Trust shell be sent to l.endar's address, as shown near the beginning of this Deed
<br />of Trust Any parly may change fta addrese for notices under ihis Deed of Truat by gNing torcnel written notice to the other parties, specifving that
<br />the purpoae ot the notice is to change the party's addr�s. Fa notke purposes, Trusior agrees to keep Lander mtamed at ell times of Trusrors
<br />current address. Unl�s oihervvise provided or required by law, If there �s more tlian one Tnrstor, anv noqce glven by Lender to enY 7rustor u
<br />deemed to be notbe gwen to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The tdlowing miscellaneoue prows�ons are a part Of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with anv Refated DocumeMS, constttutes the errtire underetanding and a9reement oi the perties
<br />as to the matters set forth in this Deed of Trust No atteratlon ot or emendment to this Deed of Trust shall be effectNe unless given m writing
<br />and signed by ihe perty or paNes sought to be charged or bound hy the elteratlon or amendment.
<br />Annual Reports. If the PropeAy is used tor purposes other than Trustors residence, Trustor shall fumish to Lender, upon request, e cerrfifified
<br />siatement ot net oparating income receNed frcxn tt�e Property durmp Trustor's prevlous fiscaV yeaz in such rorm and detail as Lsnder shall
<br />reqWre. 'Net oparating incane' shall mea� all cash receipts trom Ihe Property lesa ali cash expenditures mede In connec6on with the
<br />operation ot the Propertv.
<br />Caption He�dings. Captlon headings in ttiis Deed of Trust are tor convenience purposes only and are not to be used to iMerpret or define
<br />the provisions of thi9 Deed of Trust
<br />Merger. There shell be ra mergar of the mterest or estate created by ttils Deed ot Trust with any other �nterest or estate in the Property at
<br />arn time held bY or tor the benefk of Lerxler in any capecity, without Ure written cansent of Lender.
<br />Governmg Law. This DeeA ot Trust will be govarned by tedxat law eppllc�fle to Lendx a�d, to the extent not preecnpted by tederaV
<br />law, the laws of the 8tate of Nebraska wiVaut reyard to Its contlicts ot law provis�on�. This Deed of Trust has been sxepted by
<br />Lender in the 3tate of Nebreska.
<br />Choice of Venua If there �s a lawsuit, Trustor aprees upon LendeYS request to submtt b the iurisdiction ot the courts of 9uffalo CouMy,
<br />State of Nebraska.
<br />No Waiver by Lender. Lender ahall not be daemed to have welved eny rights under ihis Desd of Trust uniess such walver �s given in
<br />writlng and stgned bV Lender. No delay or omission on the part of Lender � exercising anv right shall operate as a wawer of such rigM ar
<br />any other nght. A waNer by Lender ot a provlsion of this Deed of Tnut shall not preiudice w constttute a waiver af Lender's rlyht othervv�se
<br />to de�mnd strict compliance with that provtston or anv other provlslon of tlils Desd of Trust. No prior waNer by Lender, nor arn/ course ot
<br />dealina between Lender and Trustor, shall constitute e waNer ot arry ot Lerxier's rights or ot anv of Trustor's obligatlons as to arry tuture
<br />vansactlons. Whenever the consent of Lender �s required urder this Deed of Trust, ihe preM�g ot such consent bv Lender m any instance
<br />shall not constitute conunuing consent to subsequent instances whe�e such consent is requued and In ell cases such consent may be
<br />granted or withheld in the sale discretion of Lender.
<br />Severebility. If a court ot competent iunadictlon finds any provisbn of this Deed of Trust to be illegel, mvalki, w unenforoeeWe as to eny
<br />c�rcumstance, that fhWing shall rwt make the offending provision illegal, invalid, or uneniorceable as [o any otlier ciroumstance. If teasible,
<br />the offending prov�sion shall be consWered moditied so that it becomes legal, valid and enrorceable. H the offending prowsion cannot be so
<br />modified, It shall be considered deleted from this Deed of Trust. Unless othervvlse tequtred by law, the Glegaliry, mvalidity, oc unertocceabAity
<br />ot any prov�s�on of this Deed of Trust shell not afFect the IegatiN� �e�idiry ar entoroeability ot eny other provision of th� Deed of Trust.
<br />Successors and Assigns. Subiect to anv Iimi�ttons stated tn this Deed ot Trust on transter oi Truators iMeresR lhis Deed of Trust shell be
<br />binding upon and Inure to the benefft of the partles, the�r successors and easigna. It ownerehip of the Properry becomes vested in a person
<br />other than Trustor, Lender, without notbe to Trustor, may deal wfth TrusOor's auxessors with reterence to this Dsed of Trust and the
<br />Indebtedness by way of for6earance or extension wNhout releasing Trustor trom the obligatbns ot this Deed of Trust or I'�ability under the
<br />tndebtedness.
<br />Tfine Ia o} the Esaence. Time is o� the essence �n the pertormance af this Deed of Trust,
<br />Waive Jury. All parties to tl�is Deed o! Trust hereby waive the right to any iury Mal in any actlon, proceeding, or counterclaim
<br />brought by any party agamst any other party.
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