|
201207609
<br /> DEED OF TRUST
<br /> Loan No: 10004016 (Continued) 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 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 that in Lender's opinion ate necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness paya6le on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered 6y this paragraph i�clude,
<br /> without limitation,however subject to any limits under applicable law,Lentler's attarneys'fees and LendePs legal
<br /> expenses, whether or not there is a lawsuit, including attorneys'fees a�d expenses for bankruptcy proceedings
<br /> (including efforts ta modifiy or vacate any automaYic stay or injunctionl,appeals,and any anticipated post-jutlgmeni
<br /> collection services,the cost of searching records,obtaining title reports(including ioreclosure 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 all other sums providetl by Jaw.
<br /> Rights of Trustee. Trustee shafl have all of the rights and duties of Lender as set forth in this secti�on.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this�eed 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 ro the Property upon the written request of Lender and Trustor. Ia)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; (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 Trust or the interest of Lender under this Deed 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 a6ove,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 to foredose by judicial foreclosure,in either case in
<br /> accordance with and to the full extent prouided 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, State of Nebraska. The insVument shall contain,in additioo to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, 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 instrument shall be executed and acknowledged by afl the beneficiaries under this�eed of Trust or
<br /> their successors in interest. The successor trustee,veithout 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 /> substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,inclu�ng 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 lunless otherwise requiretl by lawl,when deposited with a nationalty 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 Tiust. 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 person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person oP persons, specifying that the purpose of the notice is to change the person's
<br /> addtess. For notice purposes,Trustor agrees to keep Lender informed.at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOtJS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning 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 obfigated by the change pr
<br /> amendment.
<br /> Caption Headings. Caption headings in tliis Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this DeeB ofi Trust.
<br /> Mergea 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 or for the benefit of Lender in any capacity,without the wriiten consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trest will be govemed by federal law appficable to Lender and,to the e�ctent not
<br /> preempted by federai law,the laws of the State of Nebres�ka without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State af Nebraska�.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to sutimit to the�urisdiction of the
<br /> courts of Hall County,State of Nebraska
<br /> Joint and Several Liability. All obligations of Trustor untler this Deed of Trust shall be joint and several, and ali
<br /> references to Trustor shal! mean each and every Trustor. This means that each Trustor signing below is
<br /> responsi6le 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,thai does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also untlerstands
<br /> that if Lender does consent to a request,that does not mean that Ttustor 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 of Trustor's future requests.
<br /> Trustor waives presentmeM,demand for payment,pro�est,and notice of dishonor.
<br /> Severability. If a court fiinds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this�eed of Trust even if a provision of this Deed of Trust may 6e fou�d to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Ttustor's interest,
<br /> tHis Deed of Trust shall be binding upon and inu�e to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Prope.rty becomes vested in a person other than Trustor,Lender,without notice m Trustor,may
<br /> deal with Trustor's successors with reference to this�eed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Inde6tedness.
<br /> Time is of the Essence. Time is of the essence in ihe performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or
<br /> counYerdaim brought by any party against any other party.
<br />
|