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201200123
<br /> DEED OF TRUST
<br /> Loan No: 810295 (Continued) Page 6
<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 /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by Iaw, 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 rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest atthe Note rate from the date of the expendiwre untilrepaid. Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal
<br /> expenses; whether or not there is a lawsuit, including 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 seroices,the cosi of searching recortls,obtaining titie reports(including foreclosure reportsl,su�veyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all 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 /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b1 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 ihis 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 righi to foreclose by judicial forecbsure,in either case in �
<br /> accordance with and to the full extent 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 /> matters required by state law, the names ofi 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 instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in iMerest 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 6y applica6le law. This procedure for
<br /> substitution of Trustee shalf goverri to the exclu'sion of afl otlier provisions for substitution.
<br /> NOTICES. Any notice required to be given untler this Deed of Trust, including without iimitation any notice of default
<br /> antl any notice of sale shall be given in writing,and shall be effective when actually tlelivered,when actually received
<br /> by telefacsimile lunless 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. AIl copies of notices of fareclosure from the holder of
<br /> any lieo 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 party may change its address for notices under ihis Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpose of the nofice is to change the party's address. For notice
<br /> purposes,Trustor agrees to I<eep Lender informed at all times 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 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�eed of Trust. No alteration of or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or pariies sought to be charged or
<br /> bound by the 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 /> previous 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 ihe Property.
<br /> . Caption Headings. Caption 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 otfier 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 federal law,the laws of the State of Nebraska without regard to its conflicts of law pro�isions. 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 Counry,State of Nebraska.
<br /> Joint and Several Liability. All o6ligations of Trustor under this Deed of T�ust shail be joinY 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 Lender�. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed 6y Lender. No delay or omission on the part of Le�der in exercising any right
<br /> shall operate as a waivsr 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 sfrict compliance with that
<br /> provision or any other provision of this Deed of Trust. No prior waiver 6y Lendet, not any course of dealing
<br /> betwee�Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any of Trustor's o6ligations
<br /> as to any future transactions. Whenever th:e consent of Lender is required under this Deed of Trust,the granting
<br /> - � of such consent by Lender in any ins[ance shali not constiTUte continuing consent to subsequent instances where
<br /> such consent is required and in aU cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jucisdiction finds any provision of this Deed of Trust to be illegaL invalid,or
<br /> unenforceable as to any person or circumstance,that fnding shail not mal<e the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be consitlered
<br /> modified so that it becomes legal,valid and enforceable. lf the offending provision cannot be so modified,it shall
<br /> be considered deleted from this Deed of Ttust. Unless otherwise required by law, the illegality, invalidity,or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforcea6ility of any
<br /> other provision of this Deed of Trust. �
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