Laserfiche WebLink
,; <br />Loan No: 101254792 <br />DEED OF TRUST 2 012 0 5 7'7 � <br />(Continued) <br />Pag� 7 <br />under this Deed of Trust, under the Note, under eny of the Related Documenta, or under any other agreement or <br />any lews now or hereafter in force; notwithstending, some or all of such indebtedness end obligations secured by <br />this Deed of Trust mey now or hereafter be atherwise 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 by court <br />ection or pursuant to the power of sele or other powers contained in this Deed of Trust, shall prejudice or in eny <br />manner affect Trustee's or Lender's right to realize upon or enforce any other aecurity now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, end eech of them, shell be entitled to enforce this Deed <br />of Trust and any other security now or hereefter held by Lender or Trustee in such order end manner as they or <br />either of them may in their 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 by law provided or permitted, but <br />each shall be cumuletive and shell be in eddition to every other remedy given fn this Deed of Trust or now or <br />hereafter existing at law or in equity or by atetute. Every power or remedy given by the Note or any of the Releted <br />Documents to Trustee or Lender or to whfch either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from tfine to time end es often as may be deemed expedient by Trustee or Lender, <br />end either of them mey 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 righis and remedies will be cumulative and may be exercised alone or <br />together. If Lender_ decides to spend money or to perform eny of Trustor's obligetions under this Deed of Trust, <br />after Trustor's feilure to do so, that decision by Lender will not effect Lender's right to deciare Trustor in default <br />and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that e copy of eny Notice of Default <br />and a copy of any Notice of Sale under thia Deed of Trust be mailed to them at the addresses set forth in the first <br />paregraph of this Deed of Trust. <br />Attomeys' Fees; Expenses. It Lender institutes eny suit or ection to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reasonable as ettorneys' fees at triel <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 necessery at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness peyable on demend and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expensea covered by this peragreph include, <br />without limitation, however subject to eny limits under applicable law, Lender's attorneys' fees end Lender's legal <br />expenses, whether or not there is a lewsuit, including ettorneys' fees and expenses for bankruptcy proceedings <br />(including efforta to modify or vacate any automatic stay or injunction), eppeats, and any anticipeted post-judgment <br />collection services, the cost of searching records, obtaining title reports (includfng foreclosure reportsl, surveyora' <br />reports, and appraisal fees, title insurance, end fees for the Trustee, to the extent permitted by applicabte lew. <br />Trustor also will pay any court costs, in addition to all other eums provided by law. <br />Rights of Trustee. Trustee shall heve all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIQATIONS OF TRUSTEE. The following provisions relatfng to the powers end 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 lew, Trustee shall have the power to <br />teke the following ections with respect to the Property upon the written request of Lender end Trustor: (a) join in <br />preparing and filing a map or plet 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 restrlction on the Real Property; and (c) join in eny <br />subordination or othar agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In eddition to the rights <br />end 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, end Lender will have the rlght to foreclose by judicial foreciosure, in either cese in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, et Lender's option, mey from time to time appoint a successor Trustee to any Trustee <br />eppointed under this Deed of Trust by en instrument executed and ecknowledged 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 stete law, the names of the original Lender, Trustee, and Trustor, the book and page (or <br />computer system reference) where this Deed of Trust is reco�ded, end the name and address of the successor <br />trustee, and the instrument shall be executed end acknowledged by all the beneficiar(es 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 in this Deed of Trust and by eppUcable law. This procedure for <br />substitution of Trustee shell govern to the exclusion of all other provisions for substltution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitetion any notice of defeult <br />and eny notice of sele shall be given in writing, and shall be effective when actually delivered, when ectually received <br />by telefecsimile (unless otherwise required by law), when deposited with s netionally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepeid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of <br />