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201109707
<br /> DEED OF TRl1Sl'
<br /> Loan No: 810281 (Con4inued) Page 6
<br /> paragraph ofthis Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit o�r action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as tlie 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 enforcement of its�ights shall become a part of the Indebtednzss payable on demand and shall bear �
<br /> interest at the Note rate from the date of the expenditure until repaid. Expe�ses covered by this paragraph include,
<br /> � without limitation,however subject to any limits under applicable taw, Lender's attorneys'fees and LendOr's legal
<br /> expenses, whether or not there is a lawsuit, incl.uding attomeys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunctioN,appeals,and any anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees,vtle insurance, and fees for the Trustee,to the extent pe�mitYed 6y applicable law.
<br /> Trustor also will pay any court costs,in addition to aii other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in ihis section.
<br /> POWERS AND OSUGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part o#this Deed of Trust:
<br /> Powers of Trustee. In addition m 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 of Lender and Trustorr (a)join in
<br /> preparing and filing a map or plat of the Real Property, including.the dedication of streets or other rights m the
<br /> public; tb) �oin in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Tiusfee. Trustee shall meet all qualificaYions required for Trustee under applicable law. In atldition to the rights
<br /> and remedies set forth above,with respect to all or any part of the Property,the Trustee shali have the right to
<br /> foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the ful4 extent provided by applica6le law. �
<br /> Successor TrusEee. Lender,at Lend�er's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged 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 name and address of the successor
<br /> trustee,and the insfrument 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 applica6le 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,includi�ng without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall 6e effective when actually delivered,when actuaily received
<br /> 6y telefacsimile(unJess otherwise required by law),when deposited with a nationally recognized ovemight coureer,or,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 foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be seM 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 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 Lenderinformed at alltimes 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 Trustbr is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLA'NEOUS PROVISIONS. The following misceilaneous 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
<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 ofi Trust shall be effective unless given in writing and signed by the parry or parties sought to be charged or
<br /> bound by#he alteration or amendment.
<br /> Anei.ual Reports. If the Property is used for purposes other than Trustors residence, Trustor shall fumish 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�equire. "Net operating income" shall mean all cash
<br /> receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Captiort 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 hefd by or for xhe benefit of Lender in any capacity,without the wriiten 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 Nebraska 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 Nebreska.
<br /> Joint antl Several Liability. All obligations of Trustor under this Deed of Trust shell be joint and several,and all
<br /> references to Trusmr shaii mean each and every Trustor. This means ihat each Trustor signing below is
<br /> responsi6le for al!obligations in this Deed of Trust. .
<br /> No Waiver 6y Lender. Lentler shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writi�ng and signed by Lender. No delay or omission on the part of Lender in exe�cising any righY
<br /> shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compiiance with that
<br /> provision or any other provision of this Deed of Trust. No prior waiver by Lertder, nor any course of dealing
<br /> � between Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any of Trustors obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent by Lender in any i�stance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granYed.or withheld in the sole discretion of Lender.
<br /> Severabifity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or
<br /> unenforceable as to any pers4n or circumstance,that finding shall not make the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible,the offending provision shal!be considered
<br /> modiPied so that iT becomes legal,valid and enforceable. If the offending provision cannot be so modified,it shall -
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceabilitiy of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any
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