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.. � DEED OF TRUST 2 0110 4 0 7 �
<br />(Continued) Page 5
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<br />her by cou�t action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />ier affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, ft
<br />I egreed that Trustee end Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />ifter held by Lender or Trustee in such order and manner as they or either of them mey in their absolute discretion determine. No
<br />dy confarred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />�rovided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />or hereafter existing at law or in equity or by stetute. Every power or remedy given by the Note or any of the Related Documents
<br />ustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />ne and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />ng in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />it such ection is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />ection to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failura
<br />rform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />est for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of eny Notice of Default and e copy of any
<br />e 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 />nays' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />ed to recover such sum as the court mey adjudge reasonable as ettorneys' fees at trial and upon eny appeal. Whether or not any
<br />ection is invalved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />asary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtednass payable
<br />�mand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregreph
<br />ie, without limitation, however subjact to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />her or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />:e any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />ds, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, end fees for the
<br />ee, to tha extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />of Trustee. Trustee shall have ell of the rights and duties of Lender es set forth in this section.
<br />AND OBLIGATIONS OF TRUSTEE. The following provisions releting to the powers and obligations of Trustee are part of this
<br />vs of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />�s with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />�eal Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />ction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />jr under this Deed of Trust.
<br />ee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />above, 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 />have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />Su essor Trustee. Lender, et Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />thi eed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />St of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Le er, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />an ddress of the successor trustee, end the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of ust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />po r, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />sh I govern to the exclusion of all other provisions for substitution.
<br />sale sh
<br />require�
<br />first cl�
<br />copies
<br />shown
<br />written
<br />agrees
<br />than or
<br />MISCEI
<br />Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />y law), when deposited with e nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />, certified or registered meii postage prepald, directed to the addrasses shown near the beginning of this Deed of Trust. All
<br />notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />ar the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />�tice to the other perties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />frustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />A dments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />pa i s as to the matters set forth in this Deed of Trust. No alteretion of or amendment to this Deed of Trust shall be effective unless
<br />gi in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />A I al Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />ce i ied statement of net operating income racaived from the Property during Trustor's previous fiscal year in such form and detail as
<br />Le er shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />co ection with the operation of the Property.
<br />Ca on Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />de i e the provisions of this Deed of Trust.
<br />M er. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Pr rty at any time held by or for the benefit of Lender in any capecity, without the written consent of Lender.
<br />Go rning Law. This Deed of Trust will be governed by federal law applicable to Lendar and, to the extent not preampted by federal
<br />la the lews of the State of fdebraska wlthout regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Le erin the State of Nebraske.
<br />Ch i e of Venue. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />St of Nebreska.
<br />Jo and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />ref nces to Trustor shall mean each and every Trustor, and ell references to Borrower shall mean each and every Borrower. This
<br />m s that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is
<br />a poration, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of
<br />th fficers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made
<br />or ated in re0ance upon the professed exercise of such powers shell be guaranteed under this Dead of Trust.
<br />No aiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />wr i g and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />rig or any other right. A waiver by Lender of a provision of this Deed of Trust shail not prejudice or constitute a waiver of Lender's
<br />rig otherwise to demand strict compiiance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Le r, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Tr or's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<br />of ch consent by Lender in any instance shell not constitute continuing consent to subsequent instances where such consent is
<br />re red and in all cases such consent may be granted or withheld in the sole discretion of Lender.
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