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201200159
<br /> DEED OF TRUST .
<br /> Loan No: 810121 (Continued) Page 6
<br /> secured hereby,and (iii)the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in ihe manner provided by law posipone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br /> performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents,or under any other agreement or
<br /> any laws now or hereafter in force;�otwithstanding,some or all of such indebtedness and o6ligations secured by
<br /> this Deed of Trust may now or hereafter be otherwise secured,whether by mortgage,deed of trust,pledge, lien,
<br /> assignment or otherwise. 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 prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any oiher security now or hereafter heltl tiy
<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 conferzed upon or reserved to Trustee or
<br /> Lender,is i�tended to be exclusive of any other remedy in this Deed of Trust ar by law provided or permitted,but
<br /> each�shall be cumulaiive 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 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 /> concurrently or ind�ependently;from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsisteni remedies. Nothing in this Deed of Trusi sliall be construed as
<br /> p�ohibiting Lender from seeking a defi�ciency judgment against the Trustor to the extent 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 to
<br /> make expenditures or to take action to perform an o6ligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform,shali not affect Lender's right to dedare a tlefault and exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Defauit
<br /> . 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; E�cpenses. 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 eMent not prohibited by law, all
<br /> reasonable expenses Lender incuFS that in Lender's opinion are necessary at any time for the protection of its
<br /> intetest 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 from the date of the ezpenditure until repaid. F�cpenses covered by this paragraph indude,
<br /> without limitation,howevei subject to any limits under applicable law,LendePs 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 anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees,title insurance, and fees for tlie Trustee,to the eutent 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 tluties 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 afl powers of Trusiee 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�ights to the
<br /> public; (6)join in granting any easement or creating any testriction on the Real Property; and (c) join in any �
<br /> subordination or other agreement affecting this�eed of Trus[or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trusiee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all or a�y part of the Property,the Trustee shall have the right to
<br /> foredose by notice and sale,and Lender shall have the�right to foreclose by judicial foreclosure,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 of the original Lender, Trustee, and Trustor,the book and page (or
<br /> corriputer 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 aniJ acknowledged by all the 6eneficiaries 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 conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substiYUtion of Trustee shall govern m 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 shall�be given in writing,and shall be effective when actually delivered,when actually received
<br /> 6y telefacsimile funless otherwise required by law1,when deposited with a nationally recognized ovemight courier,or,if
<br /> . mailed,when deposited in the United States mail,as first dass,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of TrusY. AIl 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 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 atldress. For notice
<br /> purposes,Trustor agrees to keep Lender informed at all times of Trustor's eurrent 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 witF�any Related DocumeMS,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 ihis
<br /> Deed of Trust shail be effective un�less given in writing and signed�by the party or parties sought to be charged or
<br /> bound by the aiteration or amendment.. �
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon tequest, a certified statement of net opereting income received firom the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require, "Net operating income" sFi�all mean all cash
<br /> receipts from the Property less all cash expenditu�es made in connection with the operation of the 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 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
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