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201200919
<br /> DEED OF TRUST
<br /> Loan No: 10000758 (Continued) Page 6
<br /> Attorneys' Fees; E�cpenses. If Lender insiitutes 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 attomeys'fees at trial
<br /> and upon any appeai. 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 antl shall bear
<br /> interest 8t the Note rate from the date of the expenditure u�Yil repaid. Expenses covered by this paragraph indude,
<br /> without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and�ender's legal
<br /> expe�ses, 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 services,the cost of searching records;obtaining title reports(including foreclosure reportsl,surveyors'
<br /> reports, and appraisal fees, title insurance,and fees for the Trustee,to the exient 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 duiies 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 Proper[y upon the written request of Lender antl Trustor. (a)join in
<br /> preparing and filing a map or pla#of tFe 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 ProperLy; and (c) join in any
<br /> � subordination or other agreement affecting this Deed of T;ust or the inte:rest of Leoder unde�this 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 fiorth above,with respect to all or 2ny 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 jutlicial foreclosore, in either case in
<br /> accordance with and to the full extent provided 6y applicable IAw.
<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 6y an instrument executed and acknowledged by Lender and recotded 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 /> computer system refetence) where this Deed of Trust is recorded, and ihe 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 interest. The successor trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee i�this Deed of Trust and by appiica6le law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of aii 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 hotice of sale shall be given in writing,and shall be effective when actually delivered,when actually reeeivetl
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recog�ized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,ceriified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices ofi 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 ofi Trust by giving formal
<br /> written noti.ce 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 infoimed at all Times of TrustoPs cuRent adtlress. Unless
<br /> otlienvise provided or required by law,if there is more than one Trustor,any notice glven by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice firom Lender. �
<br /> MISCELLANEOUS PftOVI510NS. The following miscellaneous provisions are a part of this Deed of T�ust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is TrusYOr's eMire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective,any change or ame�dment to
<br /> th'rs Deed of Trust must be in writing and must be signed by 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 anly and are not to be
<br /> used to interpret or define the provisions of this�eed ef 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
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be govemed by federal law applicatile to Lender and,to the e�ctent 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 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 ihe jurisdiction of the
<br /> courts ofi Hall County,State of Nebreska..
<br /> Joint and Se�erel Liability. All obligations of Trustor under this Deed of Trust shall be joint and several,and all
<br /> references to Trustor shall mean each and every "frustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender 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 with 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 jusY because Lender consents to one or more
<br /> of Trustor's requests,that does not mean Lender will be required to consent to any of Trusto�s fuwre requests.
<br /> Trustor waives presentmenL demand for payment,protesi,and notice of dishonor.
<br /> � Severability. If�a court fintls that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not he valid or enforced. Therefore,a court wilf
<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 st8ted in this Deed of 7rust on transfer ofi 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 the 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 tndebtedness 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 the Essence. Time is of the essence in the perfo�mance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby wai�e the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
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