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<br />241��.0�.55�
<br />DEED OF TRUST '
<br />(Continued) ' ,�
<br />Page 5
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including 6ut not I'rmited to accrued interest
<br />and. late charges, (ii) all other sums then secured hereby, and liii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sele of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce payment and performence of eny
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured 6y 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 acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Daed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or eny of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies,
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lander 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 obligation of Trustor under this Deed of Trust, after Trustor'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 Saie 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 Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge 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 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 />ort ,demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitetion, however subject to 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 lincluding efforts to modify or
<br />vacate any automatic stay ar injunctionl, appeafs, and any anticipated postyudgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurence, and fees fqr the
<br />Trustee, to the extent permitted by appliceble law. Trustor also will pay any court costs, in addition to ali other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall hava all of the rights and duties of Lender as set forth 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 all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: la) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets 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 Deed af Trust. =>
<br />Trustee. Trustee shall meet aIl qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth 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 />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law. r
<br />' Successor Trustae. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed 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 original
<br />Lender, Trustee, and Trustor, the book and page (or.computer system reference) whera this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shell be executed and acknowledged by alI the benaficiaries under this Deed
<br />of Trust 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. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisiona for substitution.
<br />NOTICES: Any notice required to be given under this Deed of Trust, including without limitation any notice of defaulf and any notice of
<br />sale sFaall be given in writi�g, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required-.by law1, when deposited with e nationally<recognized overnight courier, or, if mailed, when deposited in the United States mail, es
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />eopies of 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 />shown near the beginning of 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, Trustor
<br />agrees to keep Lender informed at alt times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth 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 bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor'� residenGe, Trustor shall fumish to Lender, upon request, a
<br />certified statement of net operating income received from the Properfy during Trustor's previous fiscel year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all 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. 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 />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 entent not preemptad by federal
<br />law, the laws of the State of Nebreska whhout regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />l,ender in the State of Nebraska.
<br />, :Qhoice of Venue. If there is a lawsuit, Trustor �agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />�tate of Nebraska.
<br />Joint and $everal Liability. All obligations of Trustor under this Deed of Trust shall ae joint and several, .and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations,in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be daemed to have waived any rights under this Deed of.Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any riyht sha(( operate as a waiver of such
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