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201206621
<br /> DEED OF TRUST
<br /> Loan No: $1QQQ975 (COfltit'tl.led) Page 6
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohi6ited 6y law, a31
<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 af its rights shall become a par!of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rste from the date of the expenditure untif repaid. 6cpensea covered by this paragraph include,
<br /> withouf IimitaEion, F�owever Subjeot to any limits under app3icab[e [aw, Lender's attomeys' fees and Lender's iega3
<br /> expenses, whether or not there is a lawsuit, including attorneys' fee9 and expenses 'far hankrupYcy proceedings
<br /> (including e'F#orts tv modify or vacate any automatic stay or injunction�, appea[s, and any anticipated post-judgment
<br /> collection ser.iices, the cost ofi searching records, obtaining title reparts fincluding foreclos�re reports), surveyors'
<br /> reports, and appraisa[ fees, Litle insurance, and fees for the Trustee, to the extent perrreitted by appl9cable faw.
<br /> TrusEor also will pay any court costs, in addition#o a]l otlier sums provided by law.
<br /> Rights of Trusiee. Trustee shall have atl of the rights and duties of Lender as set forth in this section.
<br /> POWEF25 AND OBLIGA'T[ONS OF TRUSTEE. The followinc� provisions relating to the powers and ahligatinns of Trustee
<br /> are part of this E�eed of Trust:
<br /> Powers of Trustee_ [n addition fio all powers oY Trustee arisinr� as a matter of[aw,Trustee shafl have the pawer ta
<br /> take the foElowing actions wiih resPect to the Property upon tha writcen reques[of Lender and Trustor: {a1 join in
<br /> preparing and filing a map oi plat of the Real Propery, including tRe dedicatian qf streets nr nther rights #n #he
<br /> pub[ic; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other ac�reement affecting this f]eed af Trust nr#he in#erest nf�ender under this Deed of Trust.
<br /> Trusiee. Trustee shall meet a[I yualifica#ions required for Trustee under applicable faw. In addiUon to the rights
<br /> and remedies set fiorth above, wPth respect to ell or any part of the Property, the Trustee shall have the right to
<br /> foreclose by noYice and se[e, and Ler�der shall have Yhe right to foreclose by judicia[ Yoreclosure, in ei[her case in
<br /> accordance with and to the full extent provided by app[icable�aw_
<br /> Successor TrusYee. Lendei, at Lender's option, may from 2ime to time appoint a s�ccessor Trustse to any Trustee
<br /> appointed urtder #his Deed of Trust by an instrumenY executed and acknawledged hy Lender and recorded in the
<br /> office of Yhe recorder of Hall County, State of Nebraska_ The instr�ment sha31 conYain, in addition Yo al1 other
<br /> matters requireci by state iaw, the names of the original Lender, Trustee, and Trustor, t�e baok and page Sor
<br /> computer system referencel where this Deed of Trust is recorded, and the name and address of the successor
<br /> xrus#ee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> iheir successors in interest Z'he successor tr�stee, without conveyance of the ProperLy, shall succeed to a!I the
<br /> title, powcr, and duties conferred upon the Trustee in this Deed o�F Trust and by applica4le 1aw_ 7his procedure fvr
<br /> substitution of'rrustee sha[I govern to the exdusion of all other provisions for substitution.
<br /> NOTICES. Any notice �equi�ed to be given under tlzis Deed o'f Trust, 9ncluding without Ilmitation any notice of d�fault
<br /> and any notice of sale shall be given in writing, and sha[I be e-Ffective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise reQuired by lawi, when deposited with a natiortally recognized overnigf�t courier, or, 9f
<br /> mailed, when deposited in the United S#ates mail, as first class, certified or rer�istered mail postar�e prepaid, directed to
<br /> tlze addresses shown near ihe beginning of t3�is Deed of Trust_ AI3 copies of notices of foreclos�re from the holder of
<br /> any ]ien which has priority ovcr Yhis Deed o'F Trust sha[I be sent to Lender's address, as shown near the beginning of
<br /> this �eed of Trust_ Any party may ct�ange its address for notices u�der this Deed of Trust by giving Formal written
<br /> noticc to thc othcr parties, specifying that the purpose of the nvtice is to change the party`s address. For notice
<br /> purposes, -frvstor agrees to keep Lender informed at all 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 Lersder to any Trustor is deemed ta 4e notice
<br /> given to al]Trustors_
<br /> MiSCELLANEOUS ?ROVISIONS. The fo]lowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmerrts_ This �eed of"T"rust,together with any Related ISacuments, consfiitutes the entire understanding and
<br /> agrcement of the par€ies as Eo the matters seY forth in Ehis Deed of Trust. No alteration of or amendment to Yhis
<br /> Deed of Tr�st shall 6e e�Ffective unless qiven in writing and signed by the party or parties sought to be charged or
<br /> Bound hy thc altcration or amendment.
<br /> Annual Reports. [f the Property is used for purposes other than Trusior's residence, Trusior sha31 tumish to
<br /> Lender, upon request, a certifeed statemcnt of net operating incomc reccived from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require_ "Net operating incvme" shalf inean al3 cash
<br /> receipts from the Properey less al[cash expenditures made in connection with the operation of the Property.
<br /> Captian Headi�ags. Caption headings in this Deed of Trusi are iror convenience Aurposes only and are not to be
<br /> used to interpret or define the provisions of this Dced of Trust.
<br /> M�rger. There shafl be no merger of the interesi or esiaie creaied by this Deed of Trust with any other interest or
<br /> estate in the Prnperry ar any zime held by or for Yhe benefiY of Lcncfer in any cap�city, without the written consen-[
<br /> oP Lender.
<br /> Governing Law- This Ueed of"frust will 6e governed 6y federal Faw applica6[e to Lender and, to the extent nat
<br /> preemptecf by federal 1aw,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> ❑eed of Trc�st hes 6een accepted 6y Lender in the State af Nebsaska.
<br /> Choioe af Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdicYion of the
<br /> cot�rts of[-iall Cpunty, State af Nehraska_
<br /> No Wai�er by Lender. Lender shalE not be deemed to 3zave waived any rights under this Deed of Trust�nless such
<br /> waiver is given in writing and signed by Lender. No deiay or omission on the part of Lerider in exercisirtg any right
<br /> sha[I operate as a waiver of such riglit or any other righE. A waiver by Lender of a provision of this Deed of Trust
<br /> sha[I nnF prejudir_e nr constitute a waiver of Lender's righc oYhcrwis¢ to demand strict compliance with that
<br /> provision or any other provision of this Deed of Trusi. No prior waiver by Lender, nor any course of dealing
<br /> FIP_YWPPR LP_n[jPY and Trustor, shalf constitute a waiver of any of Lender's rights or of any of Trustor's ob[igaYions
<br /> as to any fiuiure transactions. Whenever Yhe consent ot Lender is required under ihis Deed of Trust, the granting
<br /> a# such consen�by Lender in any instance shall not canstitute coniinuing consent to subsequent instances where
<br /> such consent is req�ired and in alf cases s�ch consent may be granted or withheld in the sole discretion of Lender.
<br /> SeverabiEity_ [f a courE of competent jurisdiction finds any provisiorz of this �eed of Trust to be i[legal, invalid, or
<br /> unenforceable as to any circumsEance, thai finding shall not ma[ce the vffending provision illegal, invalid, or
<br /> unen#orcea6le as to any acf3er circumsia�tce. If Feasible, the offending provision shall be considered modified so
<br /> that it beComes ler�al, valid and enforceable. I-F the pffending prqvisinn r_annnt be so mndified, it snall he
<br /> consic3ered deletad from this Deed of Trust. Unless otherwise required by faw, the illegalily, invalidity, or
<br /> unenfo�cea4ility af Rny proviRinn of ihis DPPCI of Trust shall not affect the legelity, vafi[[ity or enforceat7ility of any
<br /> other proviseon of this �eed of Trust.
<br /> Successors and Assigns_ St�bieci tn any [imitatinns .�IYaYPc� in rhis Deed ❑f Trust on transfier of Trustor's interesc,
<br /> this �eed of Trust sha]l be binding �pon and inure to Yhe benefit of the parties, their successors and assigns. If
<br /> ownership of the Property ber.omes VPS1P.(� in a person other than Trustor, Lender, witho�t notice to Trustor, may
<br /> dea9 with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> eMension withouf releasing Trustor from the obligations oi iFies Deed o1 Trusi or EiabiGty under the Indebtedness.
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