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20120592�
<br />DEED UF TRUST
<br />tContinued) Page 6
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defauli
<br />and a copy of arry RtotEce of Sale under this Deed of Trust be mailad to them et the add�esses set forth in the flrst
<br />paragraph of th18 peed 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 shall be entitled to recover such sum as tha court may adjudga reasonable as attorneys` fees at t�ial
<br />and upon any appeal. Whether or root any court acUon is involved, and to the extent not prohibited by law, ell
<br />re�oneble expenses Lender inours that In Lender's opfrtion are nacessary at any time for the protection of ita
<br />interest cr the enforcemerrt of its rights shall 6ecome a part of the Indebtedr►ess payable on demand and shell bear
<br />Interest at the Note rate from the date ot the axpenditure unti) repeid. Facpenses covered by this paragraph include,
<br />without Ifmitation, however subject to any limits under applicabie law, Lender's attomeys' fees and Lender's legai
<br />expenses, whether or not there is a lawsuit, fncluding attomeys' fees and expenses for bankrupYcy proaeedings
<br />(including effores to modify or vacate any eutometic etay or Injunction), eppeals, and any entloipated post-judgment
<br />co118Ction serviCes, tha coat of searching raCOrda, obteining dtie reports (including foreclosure reportsl, surveyors'
<br />reports, end appraisal fees, title (nsurance, and fees for the Trustse, to the exient permitted by app8cable law.
<br />Trustor eiso w(11 pay a�ry caurt costs, fn addkion to all other sums provided by law.
<br />Rights of Tnistee. Trustee shall have ell of the righis arTd duties of Lender as eat forth in thia sectfon.
<br />POWERS ANR OBLI(3A'CIONS OF TEiUSTEE. 7he following provisions relating to the powers and obligatians of Trustee
<br />are part of this Deed of l'n�st:
<br />Powera of Trustee. 1n addlt(on to all powers of Truatea arising es a metter of law, Trustee shall hava the power to
<br />take the foilowing ectior�e with respeot to the Property upon the written requast of Lender and Trustor: (a) join En
<br />preparing and flGng a map or piat of the Real Property, Inoluding the dediaaUon of streets or other rights to the
<br />public; fb! join in grarrting any easement or areating eny restrEction on the Real Froperty; and Ic) Join in any
<br />subordination or other agreement affecting this Dead of Truat or the interest of Lender under this Daed of Trust.
<br />Trust�e. Trustee shall meet a!I qualiflcetions required for Trustes under applfcabie faw. •In addttion to the rights
<br />and remedies set farth above, witY� respeat to all or any part of the Properry, the i'rustee eha11 have the right to
<br />foreclose by_notioe and sele, and Lender shell have the right to foreclos� by judictal foreclosure, in either case in
<br />accordance with and to the full eactent provided by eppliceble law.
<br />Suocesaor Truatae. Lsnder, at Lender's option, may from tlme to time appolnt a auccessor Tn�tee to any Trustee
<br />appointsd under thie Deed af Trust by an insb�ument executed end acknowledged by Lender and recorded in the
<br />offioe of the reaorder of Hall Cou�ry, State of Nebreslca. The instrument shall oontatn, tn addition to ap other
<br />matters requlred by stete law, tha nemes of the original Lender, Trustee, and Trustor, the book a�d page (or
<br />computer �system reterenae? where this Deec! of Trust le racorded, and the name and eddress of the succesaor
<br />trustee, arM the instrument shell be executed and aoknowledged by all the beneficlaries under thls Deed of 7rust or
<br />their sucoessors In irtterest. 7he succ�sor trustee, wkhout conveyanae of the Property, shal[ succeed to all 4he
<br />title, power, and dutles conferred upo� the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of 7rustee shell govern to the exclusion ofi ell other provisions for substitution.
<br />NO'TICE3. Any notice requirad to ba given under this Deed of Trust, including without Ilmitetion any notice of default
<br />and eny notice of sale ahali be given in writing, artd shall be effective when actually delivered, when actualiy received
<br />by telefacaimile {unless otherwise required by law1, when deposited wtth a netionally recognized overnight courier, or, if
<br />meiled, when deposRed in the United States mail, as flrst class, certifled or registered mail postage prapafd, directed to
<br />the eddresses shown near the beginning oi this Deed of Truat. AI1 coples of notices of foreclosure from the holder of
<br />any flen which has prlority over thls Deed of 7rust ehell be sent to Lender's address, as shown near the beginning of
<br />this Deed ot Trust. My paRy may change Ite addrese for notices under thia Deed of Trust by giving formal written
<br />notice to the other parties, specifyfng thet the purpoae of the notioe is to ohange the perry's eddreas. For noUce
<br />purposea, Trustor agreea to keep Lender informed at all �times of Trustor's current addrgas. Unlass otherwise provided
<br />or requlred by law, If the►e is more than ona Tiruator any notlae given by Lender to any 7rustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miacellaneous provisions are e part of this Deed of Trust:
<br />Amendmems. Thls Deed of Trust, together with eny Related Documents, constitutes the entire undersiending and
<br />agreement of the parties as to ihe matters set forth fn this Dsed of Trust, {Vo alteration of or emendment to this
<br />Ueed of Trust shafl be effective unless given in wrlting and signed by the peny or parties sought to be charged or
<br />baund by the alteratfon or amendmerrt.
<br />Annual Reports. if the Property is used for purposes other than Trustor's residence, �Trustor shall furnish to
<br />Lender, upon raquest, a certified statement of nei ope.rating income received from tha Property during Trustor's
<br />prevfous fisael year in auoh form and detail es Lender ehall requfre. "Plat aperating income° shall mean all cash
<br />receEpts from the Property lass all c�sh expenditures made in conr�ection with the operatlon at the Property.
<br />Caption Headtngs. Caption headings in thfs Deed of Trust ere for oonvenience purposea onty and are not to be
<br />used to Irrterpret or define the proviaions of thie Deed of Trust.
<br />Merger. There shal! be no merger of the interest or �atete created by this Deed of Trus# with any other interest or
<br />eat8te in the Property at any time field by or for the beneflt of Lender in any aapacity, without the written consent
<br />ot �ender.
<br />�overrtl� Law. This Deed of Tnsst will be goverrted by federal law appUcable to I.endar and, to the exte�rt not
<br />preeir►pted by federel law, the laws ofi the State of Nebraska without regard to ita cu�licta of law provisiona. This
<br />Deed of Trust h� been aaoepted by Lsnder fn the State of Nebraska.
<br />Choice of Venue. If there is a leweuit, 7nistor agrees upon Lander's request to submit to ttte Jurisdfction of tha
<br />courts of Flall County, State of Nebraske. �
<br />No Wafver by Lender. Lender shall not:be deemed to heve waived eny �ights under this Deed of Trust unless such
<br />waiver is.given (n wrKing and signed by Lertder. No delay or omiselon on tha pert of Lender in exercising ertiy right
<br />shall operate as a wefver of such �ight or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shal! not prejudice or con�tftute a waiver of Ler►der's right otherwise to demand stNot compllence with. that
<br />provisfon or any other provlslon of this Deed of Trust. No prior waiver.by Lender, nor any course of dealing
<br />between Lender and Trustor, ahall constitute a waiver of any of Lender's rlghts or of any of Trustor's obligations
<br />as to any future transections. Whenever the consent of Lender is required under this Deed vf Trust, the granUng
<br />of such conser�i by Lender in any instance shall not conatitute contlnuing consent to subsequent instances where
<br />such oor�ent Is required and in all cases such aonsent may be granted or whhhald in the sole discretion of Lender.
<br />Severabllity. If e court of competerrt juriadiction finds any provision of this Deed of Trust to be Illegal, Invalid, or
<br />unenforceable as to eny circumstance, that fir►ding shall not make the offending provision illegal, invalld, or
<br />unanforceab(e as to any other circumstence. If feasible, the offending provision shall be considered modifled so
<br />that it becomes le�al, valid and enforceable. If the offending provision oannot be ao modified, it ahall be
<br />oonsidered deleted from this Deed of Trust. Unleas otheruvise requtrsd by law, the illegality, invalidity, or
<br />unenforaeebi8ty of any provision af this Deed of 7rust shal! not affect tha {egality, validity or enforceabil[ty of any
<br />othet provision of this Deed of Trust.
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