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201200774
<br /> DEED OF TRUST
<br /> Loan No: 10001302 (Contlnued) 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 entitletl to recover such sum as the wurt may adjudge reasonable as attomeys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, 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 at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,however subjeet to any limits under applicable law,Lender's attomeys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuii,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 seare.hing records,obtaining title reports(including foreclosure reportsl,surveyors'
<br /> reporis, and appraisal fees, title insu�ance, 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 foliowing provisions relating to the powers and obligations of Ttustee
<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 m the
<br /> pu61ic7 (6) 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 Deed of Trust. �
<br /> TrusYee. Trustee shall meet ali 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 will have the right to foreclose by judiciai 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 m 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 instrumeM shall contain, in additi.on to all other
<br /> matters required by state law, the names of the original Lender, TrusYee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name antl addtess of the successor
<br /> trustee,and the instrument shall be executed and acknowledged hy all the beneficiaries under this Deatl of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all tfie
<br /> titie,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shali govern to the exclusion of all other provisions for substitution. .
<br /> NOTICES. Any notice required to be given under this Deed of Trust,inclutling without limitatioo any notice of defauR
<br /> and any notice of sale shall be given in writing,and shall 6e effective when actuaily delivered,when actually received
<br /> by telefacsimile(unless otherwise required by lawl,when deposited with a nationaliy recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directetl to
<br /> the addresses shown near the 6eginning 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 person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender infiormed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law,if there is more tban one Trusmr, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the oYliers of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed 6y whoever will be bound or obligated by the change or
<br /> amendment.
<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 Trusi with any other interest or
<br /> estate in the Property at any ume held by or for the benefit of Lender in any capaciry,without the written consent
<br /> of Lender.
<br /> Goveming 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 provisions..This
<br /> Deed of Trust has been accepted 6y Lender in the State of Nebraska.
<br /> Ghoice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. All obli�gations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references io Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for ail obligations in this Deed of Trust.
<br /> No Waiver 6y Lender. Trustor understands Lender will not give up any of Lender's�ights under this Deed of Trust
<br /> uniess Lender does so in writing. The fact that Leniler delays or omits to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean Trustor will not have to comply wiih the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender conseMS to one or more
<br /> of Trustor's requests,that does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trusto.r waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provisi.on of this Deed of Trust is not valid or should not be enforced,tRat
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of tYle Property becomes vested in a person other than Trustor, Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of fihe Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> . Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury irial in any action,proceeding,or
<br /> couMerclaim brought 6y any party against any other party.
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