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201109750
<br /> DEED OF TRUS7'
<br /> Loan No: 1000U931 (Continued) Page 6
<br /> of Trust and any other security now or hereafter 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 /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted,but
<br /> each sliall 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 6y the Note or any of the Related
<br /> Documents to Trustee or Lender or m vvhich either o# them may 6e otherwise entitled, may be exercised,
<br /> concurrently or indepandently,from time to time and as often as may be deemed expedient 6y Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment 2gainst the Trustor to the exteM such action is permitted 6y
<br /> law.
<br /> Election of Remedies. AII of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies..
<br /> Request for NoYiae. Trustor,on behaif of TrusYOr 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 6e mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attomeys' Fees; Expenses. ff Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled m recover such sum as the court may adjudge reasonable as attomeys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohitrited 6y law, all
<br /> Feasonahle expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of i'ts rights shail become a part of the�Indebtedness payable on demand and shall bear
<br /> interest ai the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under appficable law,Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit,including attorneys' fees and expenses for bankruptcy pPOCeedings
<br /> (including efforts to modify or vacate any automatic stay or injunctionl,appeals,and any anticipated postyudgment
<br /> collection services,the cost of searching records,obtaining tiYle reports(including foreclosure reports�,surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, [o the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to ali other sums provided by law� �
<br /> Rights of Trustee. Trustee shall have ali 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'[Ne Property upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or pfat of the Real Property, including the dedication of streets or other rights to the .
<br /> public; (b) join in grenting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subotdination or other agreement affecting this Deed of Trust or[he interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trusfee 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 wil�l have the right to foreclose by judicial foreclosure, in either case in
<br /> accorda.nce with antl to the full extent provided by appli�able law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoi�t 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, 4Fie names of the originai 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 Crustee,without conveyance of the Property,shall succeed to all the
<br /> titie,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 of sale shail be given in writing,and shall be effective when actually delivered,when actually received
<br /> hy telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight cou�ier,or,if
<br /> mailed,when depasited in the United States maiL,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginni�g 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 sent to Lender's address,as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or her address for notices undes this Deed of Trust by giving formal
<br /> written� notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to Iceep Lentler informed at all times of Trustor's currenY atldress. Unless�
<br /> otherwise provided or required by law, if there is more than one Trustor, any noVCe given by Lender to any Trustor is
<br /> deemed to be notice given to�all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MfSCELLANE0U5 PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the RelaYed Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Dezd of Trust. To be effective,any change or amendment to
<br /> this Deed of T;ust must be in writing and must be signed by whoever will he bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to he
<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 by or for the benefit of Lender in any capacity,without 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 extent not
<br /> preempted by fiederal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> �eed of Trust V�as 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 Haft County,State of Nebraska.
<br /> Joirrt and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several,and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by�ender. Trustor undersiands Lender will not give up any of Lender's righis under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br /> Lentler has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
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