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201207641
<br /> DEED OF TRUST
<br /> Loan No: 81001263 (Continued) Page 6
<br /> Lender, is intended to be exclusive of any other remedy in�this Deed of Trust or by law ptovided or permitted, 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 existi�ng at law or i�n equity or by statute. Every power or remedy given by fihe Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be oiherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as otten as may be deemed expedient by Trustee or Lender,
<br /> and either off them may pursue inconsistent remedies. Nothing in this Deed of Trust shall 6e construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the exte�nt such action is petmitted by
<br /> law. Election by Lender to pursue any remedy shall not exdude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, afiter Trustor's
<br /> faiFure to perform,shall not affect Lender's right to declare a default and exe�cise its remedies.
<br /> Request for IVotice. Trustor,on benalf of Trustor and Lender, he:reby requests that a copy of any Notice of Default
<br /> and a copy of any fVotice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph ofi this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender instiYutes any sui[ or action to enforce any of the terms of tnis Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may atljudge 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 taw, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> i�terest or the enforcement of its rights shall become a part of tfie Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paPagraph include,
<br /> without limitation, however subject to any limits under appli.cable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fiees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vaaate any automatic stay or injunctioN, appeals, and any anYicipated 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 a�lso wifl 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_ Tfie following provisions relating to the powers and obli,gations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powees 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 Properly upon the written request of Lender and Trusior. (a)join in
<br /> preparing and filing a map or plat of the Real Property, induding the dedication of streets or other rights io the
<br /> pu6lic; (b) join Sn granting any easement or creating any restriction on tke 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 above, with respect to all or any part of tne Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender shall have the right to 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 LendePs option, may from time to time appoiM a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument execuied and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall County, State of Neb�aska. The instrument shall contain, in addition to alI 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 i�nstrument shall be executed and acknowledged by all the benefiiciaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to alI the
<br /> title, power, and duties confierred 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 substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without lirnitation any notice of defiault
<br /> and any notice of sale shall be given in w�iting, and shall be effecYive 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 /> ma�iled, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near tne beginning of this Deed of Trust. All 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 party may change its address for notices under this Deed of Trust by giving formal written
<br /> notice to the oiher parti.es, specifying that tne purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times ofi Trustor's 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 Trusto.rs.
<br /> MISCELLAN�EOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> AmendmenYs. This Deed of Ttusi,together with any Related Documents, constitutes the entire u.nderstanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration ofi or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by the alteration or amendment�. .
<br /> Annual Repo�ts. If the Property is used for purposes other than Trustor's residence, Trustor shall fiurnish to
<br /> Lender, upon request, a cerYified statement of net operating income received from the Property during Trustor's
<br /> previous fiscai 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 expendiiures made in connection with the operation of the Property.
<br /> Caption HeacGings. 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 ihis Deed of Trust with any othe:r interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the wrftten consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust well be govemed by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the SYate of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to ihe j:urisdiction of the
<br /> courts of Hall County, State of Nebraska.
<br /> JoinY and Several Liability_ All obFigations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> ofi T�ust. Where any one or more of the par[ies� is a corporation, partnership, Iimited Iiability company or similar
<br /> entity,it is not necessary for Lender to inquire inm the powers of any o#the officers, directors, partners, members,
<br /> or other ageats acting or purporting to act on the entity's behalf, and any obligations made or created in reliance
<br /> upon the professed exercise of such powers shall be guarenteed under this Deed of Trust.
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