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�I 201109747
<br /> I�I DEED OF TRUST
<br /> �, Loan No: 10001021 (COnt11�u2d) Page 6
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<br /> I prohitiiting Lender from seeking a tleiiciency judgment against the Trustor to the e�ent such action is permitted by
<br /> I law.
<br /> Election of Remedies. All of �ender's rights and remedies will be cumulative and may be exeFcised alone or
<br /> �'��. togeYher. If Lender decides to spend money or to perfoTm any of Trustor's obligations under this Deed of Trust,
<br /> I, after Trustor's failure to do so,that decision by Lender will not affect Lender's right to declare Trustor in defauk
<br /> I and to exercise Lender's remedies.
<br /> �i Req�est for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Default
<br /> �I . and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the 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 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 /> I - and upon any appeal. Whether or not any court action is involved, a�d to the extent not prohibited by law, all
<br /> �I reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> I interest or the enforcement of its rights shall become a part of the Inde6tedness payable on demand antl shall bear
<br /> � interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph indude,
<br /> I, without limitation,however su6ject to any limits under applicable law,Lender's attorneys'fees and Lender's legal
<br /> I expenses, whether oi not there is a lawsuit, induding attorneys' fees and expenses for bankruptcy proceedings
<br /> �I . (induding efforts to modify or vacate any automatic stay or irrjunctioN,appeals,and a�y anticipated post-judgment
<br /> �'I collection services,the cost of searching recottls,obtaining title reports(including foreclosure reports),surveyors`
<br /> ��� reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> �i Trustar also will pay any court cosis,in addition to all other sums provided by law.
<br /> �I, Rights of Trusttee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> �i POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> I� are part of this Deed of Trust:
<br /> I Powers of Trustee. ln 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)joi�in
<br /> ', preparing and filing a map or plat of the Real Property, induding the dedication of streets or other rights to the
<br /> �I public; (b) join in grantng any easement or creating any restriction on the Real Property; and (c) join in any
<br /> li subordination or other agreemenY affecting this Qeed 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 io ihe rights
<br /> I and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> �i fioredose by notice and sale, and Lender will have the right to foreclose by judicial foreciosure,in either case in
<br /> 'I accordance with and to the full exient provided by applicable law.
<br /> ��, Successor Trustee. Lender,at 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 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 /> i matters required 6y state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> I computer sysiem reference] where this Deed of Trust is recorded, and the name and address of the successor
<br /> ' t�ustee,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 /> 'I 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 govem to the exGusion of all other provisions for substitution.
<br /> I' NOTICES. Any�otice required to be given under this Deed of Ttust, including without limitation any notice of default
<br /> I� and any notice of sale shall be given in writing,and shall he effective when actually delivered,when actually received
<br /> �I by telef2csimile lunless otherwise required by law),when dep4sited with a nationally recognized ovemight courier,or,if
<br /> 'I mailed,when deposited in the United States mail,as first class,certifiied or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed ofi Trust. AIl copies of notices of foreclosure from the holder of
<br /> �'i any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of
<br /> I this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> ��, written notice ta the other perso� or persons, specifying that the purpose of the notice is to change the person's
<br /> '� address. For�notice purposes,Trustor agrees to keep Lender informed ai ali Cimes of T�ustor's current address. Unless
<br /> I otherwise provided or required by law, if there is�more than one Trustor,any notice given by Lender to a�y Trustor is
<br /> I� deemed to be notice given to all Trustors. It wiil be Trustor's responsibility to tell the others of the notice from Lender.
<br /> ��I� MISCELLANEOUS PROVISIONS. The following miscel�laneous provisions are a part of this Deed of Trust:
<br /> �I Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> I with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> '� this Deed of Trusi must be in writing and must be signed 6y whoever will be bound or obligated by the change or
<br /> I'� amendment.
<br /> ��I Caption Headimgs. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> i 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 Trusa with any other interest or
<br /> �i estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consenx
<br /> �i of Lender.
<br /> '�, Governing Law.. This Deed of Trust will be governed by federel law applicable to Lender and,to the extent not
<br /> �, preempted by federal Iaw,the laws of the State of Nebraska without regard to its conflicts of law pro�isions. This
<br /> �i Deed of Trust has been accepted by Lender in the SYate of Nebraska.
<br /> I� 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 /> I Joint and Severel Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> I references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> 'I responsibie for all obligations in this Deed of Trust.
<br /> i No Waiver tiy Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> �'i unless Lender does so in writing. The fact that Lender delays or omits to ezercise any right will not mean that
<br /> '�.� Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights;that does not
<br /> ', mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> �I that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> iof Trustor's requests,tliat does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> �i Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> I Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> �'i fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> ! enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may 6e found to be -
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