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� 201109745
<br /> DEED OF TRUST
<br /> Loan No: 810282 (ContinUed) � Page 6
<br /> assignment or othenvise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust,shall pr2judice 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
<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 oYher security now nr hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may irt their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is inYended to be excluslve of any other remedy in this Deed of Trust or by law provided or permitted,6ut
<br /> each shall be cumulative and shall be in addition to every other remedy given in tliis 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 /> concurrerrtly or independently,firom time to time and as often as may be deemed expetlient by Trustee or Lender,
<br /> and either of them may pursue inconsisteM remedies. Nothing in this Deed of Trust shali be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the exYent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election Io
<br /> make expenditures or to take action to perform an obligation 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;here6y requests that a copy of any Notice of Default
<br /> and a copy of anq Notice of Sale under this Deed of Trust be mailed to them at the atldresses set forth in the first
<br /> paragraph of this Deed of Trust. .
<br /> Attorneys' Fees;6cpenses. If Lender institutes any suit or actinn to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be 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 extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any iime for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate firom the date of the expentliture until repaid. Ezpenses coveretl by this paragraph include,
<br /> without limitation,however subject to any limits under applicahle law,Lend.er's attorneys'fees and Lender`s legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction),appeals,and any aniicipa2ed post-judgmeni
<br /> collection services,the cost of searching records,obtaining title reports (induding foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted 6y applicable law.
<br /> Trustor also will pay any court costs,in addition to ail other 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 /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a)join in
<br /> prepaeing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (6) join 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 /> 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 by notice and sale, and Lender shall have the right to foteclose by judicial foreclosure,in either case in
<br /> accordance with and to the full extent provided by applica6le law.
<br /> Successor Trustee. Lender,ai Lender'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 Lentler and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrumeM 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 rewrded, 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 saccessors in interest. The successor trustee, without conveyance of the Properry,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of TrusY and by applicable law. This procedure ror
<br /> substitution of Trustee shall govem to the exclasion of all other provisions for suhstitution. �
<br /> NOTICES. Any notice required.to be given under this Deed of Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actuaily received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized ovemight courier,or,if
<br /> mailetl,when deposited in the United States mail,as first class,certified ar registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. AIl copies of notices of foredosure from the hoider 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 /> tfiis 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 at all times of Trustor's current address. Unless oiherwise provided
<br /> or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to 6e notice
<br /> 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
<br /> agreemern of the parties as to the matters set forth in this Deed ofi Trust. No alteration of or amendment to this
<br /> Deed of Trust shall be effective unless given in writing antl signed by the party or part+es sought to be charged or
<br /> bound by tlie 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 from the Property during Trustor's
<br /> pre�vious 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 expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Deed ofi Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of thi.s Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate creaYed by this Deed of Trust with any other irYerest or
<br /> estate in the Property at any time held 6y or for the benefit of Lender in arry cap.acity,without the written consent
<br /> of Lender.
<br /> Governing Law. This �eed of Trust will be governed 6y federal law applicable to Lender and,to the extent not
<br /> preempted by federal law,the laws of the State of Nebmska 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 ofi Nebraska.
<br /> Joint and Several Liability. All obligations of Borrowe�and Trustor under this Deed of Trust shall be joint and
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