|
Loan No: 101253466
<br />F,
<br />�.
<br />DEED OF TRUST 2 0� 2��� 7;�
<br />(Continued)
<br />Page 8
<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, shell not effect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behelf of Trustor and Lender, hereby requests that e copy of eny Notice of Default
<br />and a copy of eny Notice of Sale under thia Deed of Trust be mailed to them at the addresses set forth in the first
<br />peregraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender instftutes any suit or ection to enforce any of the terms of this Deed of
<br />Trust, Lender shell be entitled to recover such sum as the court may edjudge reasonable es ettorneys' fees et trial
<br />and upon eny appeal. Whether or not eny court ection is involved, and to the extent not prohibited by lew, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at eny 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. Facpenses covered by this peregraph 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 e lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings
<br />Uncluding 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 titie reports (including foreclosure reportsl, surveyors'
<br />reports, and appreisal fees, title insurance, 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 ell of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relaUng to the powers and obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to ell powers of Truatee arising as a matter of law, Trustee shell heve the power to
<br />take the follow(ng ections with respect to the Property upon the written request of Lender and Trustor: (e) join in
<br />preparing and fiUng e map or plat of the Real Property, including the dedicetion of streets or other rights to the
<br />public; (b) join in granting eny easement or creating eny restriction on the Reel Property; end (c) join in eny
<br />subordinetion or other egreement affecting this Deed of Trust or the interest of Lender under this Deed ot Trust.
<br />Trustee. Trustee shell meet all qualiflcations required for Trustee under appliceble lew. In addition to the rights
<br />end remedles set forth above, with respect to ell or eny part of the Property, the Trustee sheli have the right to
<br />foreclose by notice end sale, and Lender shall heve the right to foreclose by judicial foreclosure, in either cese 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 eppoint 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 state law, the names of the original Lender, Trustee, and Truator, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the neme and eddress of the successor
<br />trustee, end the instrument shall be executed end ecknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shell aucceed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by eppliceble law. This procedure for
<br />substitutlon 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 eny notice of default
<br />end any notice of sale shall be given in writing, and shall be effective when actually dellvered, when actually received
<br />by telefacsimile funless otherwise required by Iaw1, when deposited with a nationally recognized overnight courier, ar, if
<br />mailed, when deposited in the United States meil, 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 irom the hoider of
<br />any lien which has priority over this Deed of Trust shell be sent to Lender's eddress, as shown near the beginning of
<br />this Deed of Trust. Any party may change its eddress 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 perty's addreas. For notice
<br />purposes, Trustor egrees to keep Lender intormed at ell times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice
<br />given to alt Trustors.
<br />MISCELLANEOUS PROVISIONS. The fotlowing miscellaneous provisions are e part of this Deed of Trust:
<br />AmendmeMs. This Deed of Trust, together with eny Related Documents, constitutes the entire understanding end
<br />agreement of the perties as to the matters set forth in this Deed of Trust. No alteration of or emendment to this
<br />Deed of Trust shall be effective unless given in writing end signed by the party or parties sought to be charged or
<br />bound by the alteretton or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor ahall 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 detait es Lender shell require. °Net opereting income" shall mean all cash
<br />receipts 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 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 />.
<br />
|