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201206066
<br /> DEED OF TRIJST
<br /> Loan No_ 81000950 (Con$inued) Page 6
<br /> reasonabie expenses Lender incurs that in Lender's opinion are necessary at any time fot the protection ofi its
<br /> interest or the enforcement of its rights shall becorne a part of the Indebtedness payable on demand and shall bear
<br /> interest aY the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph in�clude,
<br /> without limitation, however subject to any limits under appiicabfe law, Lender's attorneys' fees�and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses foe bankruptcy proceedings
<br /> (including efiforts to modify or vacafie any automatic stay or injunction), appeals,-and any anticipated post-judgment
<br /> coilection services, ihe cost of searching records, obta�ining titie reports (in�cluding foreclosure reports), surveyors' -
<br /> teports, and appraisal. fiees, title insurance, and fees for the Trustee, to the extent permitted by appiicable law.
<br /> Trustor also wiU pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have afl of the rights and duties of Lender as 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 this Deed of Trust: �
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power Yo
<br /> take the following actions witn 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 o'F streets or otfier rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or tne interest of Lender under thi�s Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under appiicable law. in addition to the rights.
<br /> and remedies set forth above, with respect to all or a.ny part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender snall have the right Yo foreclose by judicial foreclosure, i:n either case in
<br /> accordance with and to the full extent provided by applicabie law:
<br /> Successor Trustee. Lender, at Lender's option; may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrumeM executed and acknowledged by Lender and tecorded in the
<br /> office of the recortler of HALL County, State of Nebraska. The instrument shall contain., in additiort to ali other
<br /> matters re,quired by state 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 recorded, and the name and address of the successor
<br /> trustee, and tne 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, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> subsiitution of Trustee shall govem to the exciusion of aii other provisions foY 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 writi.ng, and shall be e�Ffective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), w�hen deposited with a nationally recognized ovemignt courier,or, if
<br /> mailed, when deposited in the United Staies rnail, as first class, certified or registered mail postage prepaid, dire�cted to
<br /> the addresses shown near the beginni��.ng 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 Yo Lender's address, as shown near the beginning of
<br /> this Deed of Trust�. Any party may change its address for notices under this Deed of Trust by giving formal written
<br /> noYice to tne 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 infiormed at all times of TrustoPs current address. Unless oYherwise provided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLAIV:EOUS PROVISIONS. The fiollowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, togetner witn.any Related Documents,constitutes the entire understanding and
<br /> agreement of the parties as to the matters set fortn in this Deed of Trust. No alteraiion ofi or amendment to this
<br /> Deed of Trust snall be effective unless given in writing and signed by the parTy or parties sought to be charged 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 incame" shall mean all cash
<br /> teceipts from the Property less all cash expenditures made in connection with the operation of the Property�.
<br /> Caption Headings. Ca.ption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the prov(sions 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 fior 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 applicable to Lender and, to the extent 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 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 Hall County, Staie of Nebraska.
<br /> Joint and SeveraL Liability. All ob4igations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for ail 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 TYusY unless such
<br /> waiver is given in writing and signed by Lend�er.. No delay ot omission on the part ofi Lender in exercising any right
<br /> shall operate as a waiver of such right or any other cight. A waiver by Lender of a provision of this Deed of Trust
<br /> sn.all not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of th�is Deed of Trust. No prior waiver by Lendee, nor any course of dealing
<br /> between Lender and Trustor, shall constitute a waiver of any ofi Lender's rights or of any of Trustor's obligations
<br /> as to any fiuture transactions. Whenever the consent ofi Lender is required under this Deed of Trust, the granYing
<br /> of such consent by Lender in any instance shall not constiiute continuing consent to subsequent instances whe�e
<br /> such consent is requiared and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any person or circumstance, tnat finding shall not make the offending provisio�n illegal, invalid,
<br /> or unenfiorceable as to any other person or circumstance.. If feasible, the offending provision shall be considered
<br /> modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enfo��rceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns_ Subject to any lirnitations stated� in tnis Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall 6e bindi�ng upon and inure to the benefit of the parties, their successors and assigns. If
<br /> o�wnership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
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