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201206458
<br /> DEED OF TRUST
<br /> Loan No:81000991 (Continued) Page 6
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute tliscretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lentler,is intended to be exclusive of any other remedy in this Deed of T�ust or by law p�ovided or permitted,but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them enay pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiti�g Lender from seeking a deficiency judgment against the Trustor to the e�ctent sucfi action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not excl:ude pursuit of any other remedy,antl an election to
<br /> make expentlitures or to take action to perform an obligation of Trustor under this Deed of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's righi to declare a defaulY and exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby eequests that a copy of aoy Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expe�ses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entiffed to recover such sum as the court may adjudge reasonable as attorneys'fees at t�ial
<br /> and upon any appeal. Whether or not any court action is involved, and to the ex[ent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shal4 become a pari of the I�debtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expentliture until repaid. Expenses covered 6y this paragraph include,
<br /> without lirnitation,however subject to any limits under applicabie law, Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attomeys'fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post judgment
<br /> collection services,the cost of searching records,o6taining title reports(including foredosure reportsl,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 ali other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties ofi 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. I�n addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written requesY of Lend�er and Trustor. (a)join in
<br /> preparing and filing a map or plat of the Real Properry, including the dedication of streets or other rights to the
<br /> public; (bl join in granting any easement or creating any restriction on the Real Property; and (c)join in any
<br /> subordinatian or other agreement affecting this Deed of Trust or tfie interest of Lender under this�eed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to aIl or any part of the Property,the Trustee shall have the right to
<br /> foreclose by notice and sale,and Lentler shall have the right to foreclose hy)udicial foreclosure,in either case in
<br /> accordance with and to the full extent provided by applicable faw.
<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 6y 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 requited by state law, the na:mes of the�origi�al Lender, Trustee, and Tr�stor, 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 the inslrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,evithout conveyance oP the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of T�ust and hy applicable law. This procedure for
<br /> substitution o�TrusYee 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 any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first ciass,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the begin�ing of this Deed of Trust. AII copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed oP Trust shall be sent to Lendels 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 /> notice to the 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 informed at zll times of Trustor's current address. Unless otherwise provided
<br /> or required by law,if there is more than one Trustor,any notice given by LendeP to any Trustor is deemetl to be notice
<br /> given to all Trustors. �
<br /> ASSOqATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br /> ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br /> Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any
<br /> matter that may come before the association of unit owners. Lender shall have the right to exercise this power of
<br /> attorney only after Ttustor's defeult;however,Lender may decline to exercise this power as Lender sees fit.
<br /> Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf,
<br /> and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
<br /> reconstructing the Property. If not so used by the association,such proceeds shall be paid to Lender.
<br /> Default. Trustor's failure to perform any of the obligations imposed on Trustor by the dedaration submitting the
<br /> Real Property to unit ownership, by the bylaws ofi the asSociation of unit owners,or by any rules or regulations
<br /> thereunder, shall be an event of default under this Deed of Trust. If Trustor's interest in the Real Property is a
<br /> leasehold inferest and such property has been submitted to u�it ownership,any failure by Trustor to perform any
<br /> of the obligations imposed on Trustor by the lease of the Real Property from its owner,any default under such
<br /> lease which might result in termination of the lease as it pertains to the Real Property,or any failure of Trustor as a
<br /> member of an association of unit owners to take any reasonable action within Trustor's power to prevent a default
<br /> under such lease by the association of unit owners or by any member of the association shall be an Event of
<br /> Default under this Deed of Trust.
<br /> MISCELLANEQUS PROVISIONS. The following miscellaneous provisions a�e a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,mgether with any Related Documents,constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration 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 charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than TrustoPs residence> Trustor shall fumish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
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