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201207515
<br /> DEED OF TRUST
<br /> Loan f�io: 81001214 (COtltlttUed) Page 6
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and man�er as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or perm�itted,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 /> Docume�ts to Trustee or Lender or to which either ofi 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 may pursue inconsiste�t remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted 6y
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any oYher remedy,and an election to
<br /> make expenditures or to take action to perform an o6ligation of Trustor under this Deed of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any 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; Eupenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to�ecover 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,aIl
<br /> reasonable expenses Lender incurs that in Lender's opfnion are necessary at any time for the protection of its
<br /> interest or The enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Nate rate from the date of the expenditure 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 there is a lawsuit, including attorneys'fees and expenses for banktuptcy 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 foreclosure reportsl,surVeyors'
<br /> reports, and appraisal fees,title insurance, and fees for the Trustee,to the e�ctent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Trustee. Ttustee sha41 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 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 request of Lender and Trustor: la)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; @)join in grenting any easement or creating any restriction on the Real Property; antl (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 /> Trustee. Trustee shall meet all quafifications required for Trustee under applicable law. In addiYion to the rights
<br /> a�d remedies set forth abova,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> foredose by notice and sale, and Lender shall have the right to foredose by judicial foreclosure, 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 /> ofiice of the tecortler of HALL County, State of Nebraska. The instrument shall contain, in addition m all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (o�
<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 acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property, shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substiYution of Trustee 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 6e effective when actually delivered,when actually received
<br /> by teiefacsimile(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. AII copies of notices of foredosure 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 parcy may change its address for novices 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 all times of TrusmPs current address. Unless otherwise provided
<br /> or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to be 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 Trusf,Yogether with any Related Documents,constitutes the entire understanding and
<br /> agreemeni ofi the parties as to the matters set forth in this Deed of T�ust. No alteration of or amentlment to this .
<br /> Deed of Trust shall be effec'tive unless given in wriYing and signed by the party or parties sought to be charged or
<br /> bound by the altetation or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustors 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 all 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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by 9r for the benefit o#Lender in any capacity,without the writEen consenY
<br /> of Lender. ��
<br /> Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender and,to the eMenY not
<br /> preempted by federal law,the laws of the State of Nebreska without regard to its conflicts of law provisians. This
<br /> Deed of TrusY has been accepted by Lerzder in the State of Nebreska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender`s request to sobmit to the jurisdiction ofi the
<br /> courts of Hall County,State of Nebraska.
<br /> No Waiver 6y 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 signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
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