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DEED OF TRUST `� O�. ,`� O�. 8�"�
<br />Loan No: 524517 (COnt111ued) age 6
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that a copy of any Notice ot 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 Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Truat, Lender shell be entitled to recover such sum as the court mey adjudge reasonable as attorneys' 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 repeid. Expenses covered by this paragreph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees end Lender's legal
<br />expenses, whether or �ot there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modffy or vacate any automatic stay or injunction), appeals, and any anticipated postyudgment
<br />collection services, the cost of searching records, obtaining tltle reports (including foreclosure reportsl, surveyors'
<br />reports, and apprelsal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable lew.
<br />Trustor atso will pay eny court costs, in addition to all other aums provided by lew.
<br />Rlghts of Trustee. Trustee shell have all of the rights end duties of Lender es 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 thfs Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as e matter of law, Trustee shall have the power to
<br />take the fotlowing 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 to the
<br />public; (b) join in granting any easement or creating eny restriction on the Real Property; and (c) join in any
<br />subordlnation or other agreement affecting this Deed of Trust or the interest of Lender under thls Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable lew. In addition to the rights
<br />and remedies set forth above, wlth respect to all or any part of the Property, 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 elther case in
<br />accordance with end to the full extent provided by applicable law.
<br />Successor Trustee. Lender, et 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 Nebraske. The instrument shall contain, in addition to all other
<br />matters required by state law, the nemes of the originel Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed ot 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 the
<br />title, power, end duties conferred upon the Trustee in this Deed of Trust and by applicable 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, including without limitation any notice of default
<br />and any notice of sale shall be given in writing, and ahall be effective when actually delivered, when ectually received
<br />by telefacsimile (unless otherwise required by Iaw1, when deposited with a nationelly recognized overnight courier, or, if
<br />meiled, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the eddresses 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 addreas, as shown near the beginning of
<br />this Deed of Trust. Any perty may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender intormed at all tlmes of Trustor's current address. Unless othervvise provided
<br />or required by lew, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to ell Trustors.
<br />MISCELLANEOUS PROVISIONS. The fottowing miscellaneous provisions ere a part of this Deed of Trust:
<br />Amendmerits. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shell be effective unless given in writing and signed by the parry or parties sought to be cherged or
<br />bound 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 operating 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 />receipts from the Property less all cash expendltures made in connection with the operetion of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenienCe purposes only and ere 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 Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in eny capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust wlll be govemed by federal law applicable to Lender and, to the extent not
<br />praempted by fedaral law, the laws of the State of Nebraska without regard to tffi conflicts of law provisions. This
<br />Deed of Trust hes 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 the jurisdiction of the
<br />courts of Scotts Bluff County, State of Nebraska.
<br />Joirrt and Several Llablllty. 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 Truator. This means thet each Trustor signing below is
<br />responsible for all obligations in this Deed 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 end signed by Lender. No delay or omission on the pert of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, sheli constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />es to eny future trensactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in eny instance shall not constitute continuing consent to subsequent instances where
<br />auch consent is required and in all cases such consent mey be granted or withheld (n the sole discretion of Lender.
<br />Severebllity. If e court of competent jurisdiction finds eny provision of thls Deed of Trust to be illegal, Invelid, or
<br />unenforceable es to eny person or circumstance, that finding shall not make the offending provislon illegel, invafld,
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