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DEED OF TRUST 2 Q g i p� 2 5 �
<br />(Continued) Page 6
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any ather remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under th�s Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise i�s remedies.
<br />Request for Notice. Trustor, on behalf of Trustor ancl Lender, hereby requests tha� a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at thje addresses set forth in the first
<br />paragraph of this Deed of Trust. �
<br />Attorneys° Fees; Expenses. If Lender institutes any suit or action to enforce a�y of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasbnable as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the �xtent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at a y time for the protection of its
<br />interest or the enforcement of its rights shaii become a part of the Indebtedness p yable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses c vered by this paragreph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender°s legal
<br />expenses, whether or noY there is a lawsuit, including attorneys' fees and exper�ses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunctionl, appeals, ar�d any anticipatad post-judgment
<br />collection services, the cost of searching records, obtaining title reports (includin� foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the ext@nt permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to ali other sums provided by law.
<br />Rights of Tr�istee. Trustee shall have all of the rights and duties of Lender as set fprth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the pbwers and obligations of Trustee
<br />are part of this 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
<br />take the following actions with respect to the Property upon the written request qf Lender and Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedication �,of streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Re¢I Property; and Ic? join in any
<br />subordination or ather agreement affecting this Deed of Trust or the interest of Lerhder under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Teustee under applicahlle law. In addition to the rights
<br />and remedies set forth above, with respect to aIl or any part of the Property, thie Trustee shall have the righY to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judiGial foreclosure, in either case in
<br />accordance with and to the fufl extent provided by applicable law. '
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a�uccessor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executad and acknowledge� by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall� contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and!Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the narr�e and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. Tha successor trustee, without conveyance of the Qroperty, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by appiicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for sub�titution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including withoWt limitation any notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise recjuired by law►, when deposited with a nationally r�cognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered Imail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices pf foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address; as shown near the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed �f Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change �the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current adc�ress. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to ar�y Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of �his Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitNtes the entire understanding and
<br />agreement of tha parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party o'�r parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received frpm the Property during Trustor's
<br />previous fiscal year in such form and detail as Lendar shall require. "Net opera�ting income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the joperation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience jpurposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no mergar of the interest or estate created by this Deed mf Trust with any other interest or
<br />estate in the Property at any time held by or for tha benefit of Lender in any cap�city, without the written consant
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federel law applicableito Lender and, to the extent not
<br />preempted by federal law, the Baws of the State of Nebraska without regard to it8 conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request t¢ submit to the jurisdiction of the
<br />courts of Buffalo County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unlass such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender o# a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to dermend strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by L�nder, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights lor of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required und�r this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing conse�ht to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withhel�! in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Dee� of Trust to ba illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offe�ding provision illegal, invalid, or
<br />unanforceable as to any other circumstance. If feasible, the offending provisio shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision ca�hnot be so modified, it shall be
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