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201206526
<br /> DEED OF TRUST
<br /> Loan No: 10003471 (Contlflued) Page 6
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitletl to recover such sum as the court may adjudge reasonable as attomeys° fees at trial
<br /> and upon any appeal. Whether or not any court action is �nvolved, and to the ex[ent not prohibited by law, all
<br /> reasonable expenses Lender incurs ihat in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part ofi the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the e.�penditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not Yhere is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts ro modiiy or vacate any automatic stay or injunction), appeals, and any antici��pated post-judgment
<br /> collection services, the cost of searching records, obtaining 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 cos'ts, in addition to all other sums provided by law.
<br /> Rights of Trustee_ Trustee shall have all 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 aq powers of Trustee arising as a matter of law,Trustee shall have the power io
<br /> take the fotlowing actions with respect to the Property upon the written request of Lender and TrusYor: (a) join in
<br /> preparing and filing a map or plat of the fteal Property, including the dedi�cation 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 Trusi or the interest of Lender under this Deed of Trust.
<br /> Trustee_ Trustee shall meet all qualifications required for Trusiee under applicable law. In addition to the rights
<br /> and 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, and Lender will have the right io 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, rnay from time to time appoint a successor Trustee to any Trustee
<br /> a�ppointed under tnis Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the reco�rder of HALL County, State of Ne�.breska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lendei, Trustee, and Trustor, the boak 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 instrument shall be executed and acknowfedged by all the benefi.ciaries under this Deed ofi Trust or
<br /> their successors in interest. The successor trustee, wiihout conveyance of the Property, shall succeed to all the
<br /> title, power, and duiies conferred upon the Trustee in this Deed of Trust and by applicable law. Tti.is procedure for
<br /> substitution of Trustee shall govern to the exdusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under th[s 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 class, certified or registered mail postage prepaid, 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 /> any lien which has priority over this Deed of Trust sfiall be sent to Lender's address, as shown nea� the beglnning of
<br /> this Deed of 7rust. Any person may change his or her address fior notices under this Deed of Trust by giving formal
<br /> written notice to the other petson or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor ag�ees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if the�re is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trus'tors. It will be Trustor's responsibility to tell the others of the notice frorn Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of th��is Deed of Trust:
<br /> Amendments. What is wriiTen in this Deed of TrusY and. in the Related Documents is Trustor's entire agreement
<br /> with Lender concerni.ng the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed o#Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deeel 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 ihe Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law_ Thes Deed of Trust will be governed by federal law applicable to Lender and. to the e�ctent not
<br /> preempted by federal law.4he laws of the State of Nebraska without regard to its conflicts of law provisions. Thes
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue, If there is a lawsuii, Trustor agrees upon Lender's request to submit to ihe jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and se�eral, and all
<br /> references to Trustor shall mean eaeh and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed oF Trust
<br /> unless Lender does so in writing. The facT that Lender delays or omits to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, tnat does not
<br /> mean Trustor will not have to comply with the other provisions o#this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, tliat does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again_ Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lender will be required to consent to any ofi Trustor's future requesis.
<br /> Trustor waives presentment,demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid o� snould not be enforced, that
<br /> fact by itself will not mean that the rest of this Deed ofi Ttust will not be valid or enforced. Therefore, a court will
<br /> enforce the rest ofi the provisions of this Deed of Trust even if a provision ofi this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations Stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person otheY than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with refierence to this�Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or tiability under the Indebtedness:
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury Yrial in any action, proceeding. or
<br /> counterclaim brought by any party against any other party.
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