|
201200047
<br /> DEED OF TRUST
<br /> Loan No: 810292 (Continued) Page 6
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all righis and powers
<br /> under this�eed of Tiust,underthe Note, under any of the Related Documents,or under any other agreement or
<br /> any laws now or hereafter in force;notwithstanding,some or all of such indebtedness and o6ligations secured 6y
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether 6y mortgage,deed oi trust,pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Oeed of�Trust nor its enforcement, wheiher by court
<br /> action or pursuant to ihe power of sale or other powers contained in this Deed of Trust,shall prejudice 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 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 la�v ptovided 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 taw or in equity or by statute. E�ery power or remedy given by the Note or any of the Related
<br /> DocumenYS to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them. may pursue inconsistent remedies. Nothing in this Deed of Trust shal� be construed as
<br /> prohi6iting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lentler to pursue any remedy shall not exclude pursuit of any other remedy,and an election to
<br /> make expenditures or to talce action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> fiailure to perform,shall not affect Lender's rigM to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor,on behal#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 s2t forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender insiitutes any suit oi action to enforce any ofi the terms of this Deed of
<br /> Trust,Lender shall be eMitletl 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 invoived, and to the extent not prohibited by law, aIl
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the prQtection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtetlness payabie on demand and shall bear
<br /> interest at the Note rate from the date of YBe expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicable law,Lender's attomeys'Fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, induding attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated postyudgment
<br /> collection services,the cost of searching records;obtaining iitle reports (including 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 wiil pay any court costs,in addition to all other sums provided 6y Iaw.
<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 ofi 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 /> . preparing and filing a map or plat ofi the Real Property, including the dedication of streets or other rights to the
<br /> pubiic; (b) join in granting any e:asement or creating any restriction on the Real Property; and (c) join in any
<br /> - subordination or other agreement affecting this Deed oP 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 forili above,with respect to all or any part of the Property,the Trustee shall have tfie right xo
<br /> foreclose by notice and sale, and Lender shall 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 TrusYee. Lender,at Lender's option,may from time to time appoint a successor Trustee Yo 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 bool< 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 oon(erred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution ofi 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 safe shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> 6y telefacsimile(uniess otherwise required by law),when deposited with a nationally recognized overnight courier,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. Alf copies of notices of foreciosure from the holder of
<br /> any lien which has prior(ty over this Deed of Trust shall be sent to Lender's address,as shown near the 6eginning 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 inforined at all times of Trustor's current address. Unless otherwise provided
<br /> o�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 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 /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to ttiis
<br /> Deed of Trust shall 6e effective unless given in wriiing antl signed by the pariy or parties sought to be charged or
<br /> bound Liy tiie alTeration or amentlment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's 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 require. "Net operating income" shall mean all cash
<br /> recePpts from the Property less aJl cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Capti.on 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 by or for the benefiit 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 applicahle to Lender and,to the extetrt not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its confGcts of law provisions. This
<br /> Deed of Trust has been accepted by Lenderin Yhe State of Nebraslca: -
<br />
|