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201206366
<br /> DEED OF TRUST
<br /> Loan No: 81001024 (Continued) Page 6
<br /> and upon any appeai. Whether or not any court action is involved, and to the extent noY prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender°s opinion are necessary at any ti.me for the protection of its
<br /> interest or the enforcement ofi its righYs shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the d�ate of the expenditure until repaid_ Expenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicable Iaw, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (induding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgmenti
<br /> collection services, the cost of searching records, obtai�ning title reports (including foreclosure reports), surveyors'
<br /> reports, and appraisal 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 o'tner sums provided by law.
<br /> Rights of Trustee�. Trustee shall have all of the rig.hts 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 ail powers of Trustee arising as a matter of law,Ttustee snall nave the power to
<br /> take the following actions with respect to the Property upon the written request of Lender a�nd Trustor: (a)join in
<br /> prepa�ring and fiiling 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 any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under tHis Deed of Trust.
<br /> Tr¢�stee_ Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies seY forYh above, with 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 foredosure, in either case 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 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 Nebraska. The i�nstrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, T�ustee, and Trustor, the book and page io�
<br /> computer system reference) where this Deed ofi Trust is recorded; and the name and address of the successor
<br /> trustee, and the instrument snall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without convey8nce ofi the Property, shall succeed to all the
<br /> titie, power, and duties conferred upon tne Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govetn to the exclusion of all other provisions for substitution.
<br /> N�OTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br /> and any notice ofi sale snall be given in writing, a�nd shali be effective when actually delivered, when actually received
<br /> by telefacsimile (urtless otherwise�equired by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered maii postage prepaid, directed to
<br /> tne addresses shown near the beginning of this Deed of TrusY. Ail copies of notices ofi foreclosure from The holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning ofi
<br /> this Deed of Trust. Any party may change its address for norices under this Deed ofi Trust by giving formal written
<br /> notice to the otner parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. UNess otherwise provided
<br /> or required by law., if tF�.ere is more than one Trustor, any notice given by Lender to any Trustor is deemed to 6e notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set torfh in this Deed of Trusi. No alieration of or amendment to this
<br /> Deed of�Trust shall be effective unless given in writing and signed by the party or parties sought to be cnarged or
<br /> bound by the alte�aiion or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall fiurnish to
<br /> Lender, upon reques2, a certified statement ofi net operating income received from the Property d�uring Trustor's
<br /> previous fiscal year in such form and detail as Lender shall requfre. "Net operating income" shall mean all cash
<br /> receipYs 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 ofi this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or esiate created by this Deed of Trust with any other i�terest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity; without the written consent
<br /> of Lender.
<br /> Goveming Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br /> preempted by fiederal law,the laws of the State of Nebraska without regard to its confticts of law provisions. This
<br /> Deed of Trust has beert accepted by Lender in the$tate 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 ofi Ha�ll County, State of Nebraska.
<br /> No Waiver 6y Lender_ Lender shall not be deemed to have waived any rignts under tnis Deed ofi Trust unless such.
<br /> waiver is given i�n writing and signed by Lender. No delay or omission on tne part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any othe�right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall 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, shall consfitute a waiver ofi any of Lender's rignts or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to su6sequent instances where
<br /> such conseni is required and in all cases such consent may be g�anted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision ofi this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br /> that it becorries legal, valid and enforceable. If the offending provision cannot be so modifiied, ii shall be
<br /> considered deleied from this Deed of Trust. Unless otherwise required by law, tne illegality, invalidity, or �
<br /> unenforceabitity of any provision of this Deed of Trtist shall not affect the legality, validity or enfo:rceability ofi any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of TrusY shafl be binding upon and inure to the be�nefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trusto�, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from ihe obligations of this Deed of Trust or liability under tYie tndebtedness.
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