|
201200290
<br />DEED OF TRUST
<br />Loan No: 5863616932 (ContlnUed) Page 8
<br />collectlon services, the cost of searching records, obtaining tiUe reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, tiUe 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 />Rlghts of Trustee. Trustee shall have all of the rights and dutles of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligaUons of Tn.istee
<br />are part of this De� of Trust:
<br />Powers of Trust�. In addition to all powers of Trustee arising as a matter of taw, 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 flling a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) 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 this De� of Trust.
<br />Trust�. Ttvstee shall meet all qualificatlons 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 Properry, the Trustee shall have the right to
<br />foreclose 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 De� of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HaII 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 />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 beneficlaries 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 />tiUe, power, and dutles conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitutlon of Trustee shall govem to the exclus(on 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 wrfUng, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized ovemigM courier, or, if
<br />mailed, when deposited in the Unftad States mail, as flrst class, certffied or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning 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 party may change its address for noUces under this Deed of Trust by giving formal written
<br />notice to the other parties, spectfying that the purpose of the notice is to change the party's address. For noUce
<br />purposes, Trustor agrees to keep Lender informed at all tlmes of Trustot's current address. Unless othervvise provided
<br />or required by law, if there Is more than one Trustor, any notice g(ven by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully
<br />document the loan evidenced by this Note and any related agreements, and will fully c�operate conceming the
<br />execution and delivery of security agreements, stock powers, instruotions and/or other documents pertaining to any
<br />collateral intended to secure the Indebtedness. The undersigned agree to assist in the cure of any defect,s in the
<br />execution, delivery or substance of the Note and related agreements, and in the creatlon and pertection of any Ifens,
<br />security interests or other collateral rights securing the Note. Borrower further agrees to pay Lender immediately upon
<br />demand the full amount of all charges, costs and expenses (to include fees paid to third parties) expended or incurred
<br />by Lender to monftor Lender's interest in any real properly pledged as collateral for this Note, including w(thout
<br />limitation all costs of appraisals.
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or
<br />more purchasers, whether related ar unrelated to Lender, (b) Lender may provide to any purchaser, or potential
<br />purchaser, any information or knowledge Lender may have about the parties or about any other matter relaUng to this
<br />loan obligation, and the parties waive any rights to privacy it may have with respect to such matters; (c) the purchaser
<br />of a loan will be considered its absolute owner and will have all the rights granted under the loan documents or
<br />agreements goveming the sale of the loan; and (d) the purchaser of a loan may enforce its interests irrespective of any
<br />claims or defenses that the parties may have against Lender.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shatt
<br />be effective as an original, but all of which taken together shall constltute a sfngle document. M elecVonic
<br />transmission or other facsimile of this document or any related document shall be deemed an original and shall be
<br />admissible as evidence of the document and the signer's execution.
<br />DEFINITION OF INDEBTEDNESS. The definfion of °Indebtedness° herein includes, without IimitaUon, all liabflity of
<br />Borrower or other party having iYs obligatlons to Lender secured by this Deed of Trust, whether liquidated or
<br />unliquidated, defined, conUngent, conditlanal or of any other nature whatsoever, and pertormance of all other
<br />obligations, a�ising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar
<br />Vansaction or arrangement howsoever described or deflned) at any time entered into with Lender in connectlon with the
<br />Note.
<br />
|