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201206831
<br /> DEED OF TRUST
<br /> Loan No: 81007107 (COntlnued) Page 6
<br /> make expenditures or to take action to perform an obligation of Trusior under this Deed of Trust, after Trustor's
<br /> failure to perform,shall not affect Lender's right Yo dedare a defiault and exercise its remedies.
<br /> Request for Notice. Trustor, on 6ehalf of Trustor and Lerider, hereby requests that a copy of any Notine 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; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs tnat in Lender's opi.nion are necessary ai any time for ihe protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall beat
<br /> interest at ihe Note rate from the date of the expenditure until repaid. Expenses covered by th�is paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's atCorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br /> (includ:ing e'fforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated 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 e�ctent perm�itted by applicable law.
<br /> Trustor also will pay any court costs, 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 ofi Trust:
<br /> Powers of Trustee_ In addition Yo ati powers of,Trustee arising as a matter of law,Trustee shall have tne power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br /> prepa:ring and filing a map or piat 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 restriciion 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 ofi Trust.
<br /> Trustee_ Trustee shall meet all qualifications required fior Trustee under applicable law. In addition io 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 shall have the rignt to foreclose by judicial foreclosure, 'rn.. 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, Staie of Nebraska. The instrument shall contain, i�n addPtion to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> compu4er system reference) where tnis Deed of Trusi is recorded, and the name and address of the successor
<br /> trustee, and the inst�ument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. Tne successor t�ustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duti�es conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitutiort,
<br /> NOTICES_ Any notice required to be given under this Deed of Trust, includi�ng without li�:mitation any notice of default
<br /> and any notice ofi sale snall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacsimile (unless otheiwise requ.ired 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 o�registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning ofi 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 to 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 /> notice to the other parties, specifying that the purpose of tne notice is to change the party's add�.ress. For notice
<br /> purposes,Trustor 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 ihan one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given io all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deetl of Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, constitutes the eniire understanding and
<br /> agreement of the parties a5 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 writi�.ng and signed by the party or parties sought to be charged or
<br /> bound by the alte�ration 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 income" shall mean alI cash
<br /> receipts 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 of this Deed of Trust.
<br /> Merger. There snall 6e no merger of the interes't or estate created by this Deed of Trust witn any other interest or
<br /> esta2e in the Property at any ti.me held by or fio�Yhe benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed hy federal law applicable to Lender and, to the e�ctent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of taw provisions. Ttiis
<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, State of Nebraska.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signetl by Lender. No delay or omission on tne part of Lender in exercising any righi
<br /> shall operate as a waiver of such right or any other right. A waiver by Le:nder of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of LendePs right otherwise to demand strict campli�ance 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 constitute a waiver of any of LendePs righis 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 continui�ng consent to subsequent instances where
<br /> such consent is required and in aIl cases such consent may be granYed or withheld i.n the sole discretion of Lender.
<br /> Severability. Ifi a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenfiorceable as to any circumstance, that finding shall not make ihe 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 becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise requi�ed by law, the illegality, i�nvalidity, or
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