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201201359
<br /> DEED OF TRUST
<br /> Loan No: 10001582 (Contlnued) Page 6
<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;notwithstanding,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 6y 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 other security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deetl
<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 theit absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust or fiy law provided or permitted,6ut
<br /> each shall be cumulative 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 6y 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 entiiled, may 6e exercised,
<br /> concurrently or independently,icom tlme to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trusmr's o6ligations under this Deed of Trust,
<br /> after Trustor's failu�e to do so�,that decision by Lender will not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trusmr,on behalf of Trustor and Lender,hereby requests that a copy of any 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 firsi
<br /> paragraph ofthis Deed of Trust. �
<br /> Attorneys' Fees; Expenses. If Lender institutes any suif 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 appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs thaY in Lender's opinion are necessary at any ti�me for the protection of its
<br /> interest or the enforcement ofi its rights shall 6ecome a part ofi the Indebtedness payable on demand and shall bear
<br /> interest atthe Note rate from the date ofthe expendiwre untilrepaid..Expenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicable la��, Lender's attomeys'fees a�d Lender's legal
<br /> expenses,.whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (induding efforts to modify or vacate any automatic stay or injunctioN,appeals,and any anticipated post-judgment
<br /> collection services,the cost of searching records,o6taining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, titie lnsurance, and fees for the Trustee,to the extent pe�mitted by applicable law.
<br /> Trustor also will pay any court costs,in addltion 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 OBLIGATIQNS 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 adtlition to alI 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. 1a)join in
<br /> preparing and filing a map or plat of the Real Property, inciuding the dedication of streets or other rights to the .
<br /> public; ib)join in granting any easement or creating any restriction on the Real Pro�perty; 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 shali meet all quatifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all ot any part of the Proper[y,the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to foreclose by judicial fore�closure,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 appoinY a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged py Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nehraska. The instrumeM 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 /> compuYer 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 beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all ihe
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust antl by applicabfe law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,induding without limitation any notice of tlefauR
<br /> and any notice of sale shall be given in writing,and shall be effective when actually detivered,when actu:ally received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mail�ed,when deposited in the United States m�ail;.as first class,certified or registered mail postage prepaid,directed ro
<br /> the addresses shown near the beginning of this Deed of Trust. AIl copies of notices of forectosure 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 unde�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 informed at ail times of Trustor's current address. Unless
<br /> otherwise provided or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is
<br /> deemed to be notice given to ali Trustors. k will be Trustor's responsibility to tell the others 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 Deetl of Trust. To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be 6ound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenie�ce purposes only and are �ot to be
<br /> used to interpret or define the provisions of ttiis 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
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicahle to Lender and,to the exterM 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 Staxe of Nebraska:.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hali County,State of Nebraska.
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