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� 201109704
<br /> DEED OF TRUST
<br /> Loan No: 810286 (Continued) Page 6
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed
<br /> of Trust and any other security now or he�eafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lentler, is intended to be exclusive of any other remedy in this Deed of Trust or by iaw provided or permitted,but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independenxly,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remetlies. Noihing in this Deed of Trust shall 6e construed as
<br /> prohibiting Lender from seeking a de�ficiency judgment against the Trustor to the exterrt such action is permitted by
<br /> law. Election by Lender to pursue any temedy shall not exclude pursuit of any other remedy,and an election to
<br /> make expenditures or to take action to perform an ob!igation of Trustor under this�Deed of Trust,after Trustor's
<br /> failure 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
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the iirst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expens0s. If Lender insiitutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall 6e entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial
<br /> � and upon any appeal. Whether or not any court action is involved, and to the eMent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcemem of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interes2 at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any IimiYS under applicable law,Lender's attorneys'fees and Lender's legal
<br /> � expenses, whethe�or not there is a lawsuit, including attorneys'fees and expenses for bankruptcy proceedings
<br /> Lincluding efforts to modifiy or vacate any automatic stay or injunction),appeals,and any anticipated postyudgment
<br /> � collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees fior the Trustee,to the extent pe�mitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all ether sums provided by law.
<br /> Rights of Trustee. Trustee shall have 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
<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 /> ta�.ke the following acYions with respect to the Property upon the written request of 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 /> pubfic; (b) join in granting any easement or creating any restriction on the Real Property; and (cl join in any
<br /> subordination or other agreement affecting this Deetl of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> foreclose 6y notice and sale,and Lender shal!have the right to foredose by judicial foreclosure,in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at LendePs option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust 6y an instrument executed and acknowledged 6y Lender and recordetl in�the
<br /> office of the recorder of Hall County, State of Nebraska The instrument shali wntain, 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 name 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. The successor trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,including without limitation any notice of default
<br /> and any notice ofi sale shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> by telefacsimile lunless otherwise required by law),when deposited with a nationally�ecognized ovemight courier,o:r,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of toreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's adtlress,as shown near the beginning of
<br /> this Deed of Trust. Any party may change its address for notices under this Deed of 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 ai all times of Trustor's current address. Unless otherwise provided
<br /> or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to be notice
<br /> given te all Trustors.
<br /> MISCEL�ANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmeirts. This Deed o#Trust,together with any Related Documents,constitutes the entire understanding and
<br /> agreement of the 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 or parties sought to be charged or
<br /> bound by the alteration or amendmerit.
<br /> Annual Reports. If tlie 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 from the Property during Trustor's �
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts from the Property less all cash expe.nditures made in 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
<br /> used to interpret or 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
<br /> estate in the Property at any time held hy or for the benefit of Lender in any capacity,witho�t the written consent
<br /> . of Lender. -
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and�,to the e�ctent not
<br /> preempted by federal law,the laws of the State of Ne6raska without regard to its 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 to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. AII obligations of Trustor under this Deed of Trust shall be joint and several,and all
<br /> references to Trustor shali mean each and every Trustor. This means that each Trustor signing below is
<br /> responsi6le for all obligations in this Deed of Trust. �
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