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201200746
<br /> DEED OF TRUST
<br /> Loan No:81000034 (ContlnUed) Page 6
<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 shall be cumulative and shall be in additio�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 independently,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistenY remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender trom seeking a deficiency judgment against the Trustor to the exteot such action is permittetl 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 a�obligation of Trustor under this Deed of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's right to declare a defauli and exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,he�eby requests that a capy of eny Notice of Default
<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?rust. ,
<br /> Attorneys'Fees; Expenses. 4f 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 involve@, and to the extent not prohibited by law, ail
<br /> reasonable expenses Lender incurs that i� Lender's opinion are necessary at any time for the protection of its
<br /> interest or the eoforcemeni 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 expenditu�e uMil re:paid. 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 attorneys'fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay�or injunctionl,appeals,and any anticipated post-judgment
<br /> collection services,the cost ofi sea�ching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor also evill 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 wiYh respect to the Property upon the written request of Lender and Trustor: la)join in
<br /> preparing and filing a map or plat of the Real Property, indutling the dedication of streets or other rights to the
<br /> public; (b)join in granting any easement or creating any restriction on the Real Properry; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicatile 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 /> fo�eclose 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 siate law, the names of ttie original Lender, Ttustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of tfie successor
<br /> trustee,and the instrument shall be executed and acknowledged by all the beneficiaries untler 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 procedare for
<br /> substitution of Ttustee shall govern to�the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to 6e given under this Deed of Trust, induding 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 actualiy received
<br /> by telefacsimile(unless otherwise required by law6 when deposited with a nationally recognized overnight courier,or,ii
<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. 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 notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpase of the notice is to change the party's address. For notice
<br /> purposes,Trustor agrees to keep 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 T�ustors.
<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,conscitutes the entire understanding a�d
<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 shall be effective unless given in writing and signed by the par[y or parties sought to be charged or
<br /> tiound 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 opereting 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 /> recei�pts from the Property less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings, Caption headings in this Deed of Trusi are for conve�ience purposes only and are not to be
<br /> � used to interpret or defiine 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 che 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 exterrt not
<br /> preempted by federal law,the laws oi the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If Yhere is a IawsuiL Trustor agrees upon Lender's request to submit to the ju�risdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and all references to Trusto�shall mean each and every Trustor,and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> 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 by Lender. No delay or omission on the part of Lender in exercising any right
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