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201207692
<br /> DEECD OF TRlJST
<br /> Loan I�io: 81001338 (COiltitluedj Page 6
<br /> paragraph of this Deed o'€Trust.
<br /> Attorneys" Fees; Expenses_ ff Lender institutes any suit or action to enforce any of the terms or this Deecf ofi
<br /> Trust, Lender shali be entitled to recover such sum as the court may adjudge reasonable as attorneys` fees at Yria[
<br /> and upon any appeat. Whether or not any court acYion is involved, and to the exteni not prohibited by law, alf
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or Yhe enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from tne date of tne expenditure untii repaid. Expenses covered by this paragraph-indude,
<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 attomeys' fees and expenses for bankruptcy proceedings
<br /> (including efforts.to modify or vacate any autornatic stay or i�njunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foredosure reports), surveyors'
<br /> reports, and appra�isal fees, title insurance, and fees for the Trustee, to the exteM permitted by applicable law.
<br /> Trustor aiso will pay any court costs, in add�ition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shalf have all of the rights and duties of Lencfer as set forth in this section.
<br /> POWERS AND OBLIGATLONS OF TRUSTEE. The fiollowing prov7sions 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 snall have Yhe power io
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights Yo the
<br /> public; (b) join in granting any easement or creating any restricti.on 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 qualifications requi.red fior Trustee under a�pplicable law. In addition to 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 /> fioredose by notice and saie, and Lender shall have the right to foreclose by judiciai forecbsure, in either case in
<br /> accordance with and ito the fuil extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to ti:me appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrurraent executed and acknowledged by Lender a�nd recorded in the
<br /> office of ihe recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to al:l other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, tne book and page (or
<br /> computer system refierence) where this Deed of Trust is reco�rded, and the name and ad.dress of the successor
<br /> trustee, and the instrumeni shall be executed and acknowledged by all the beneficiaries und.er this Deed of TrusY or
<br /> iheir successors in interest. The successor trustee; without conveyance ofi the Property, shall succeed to all Yhe
<br /> � titie, power, and duties confierred upon the Trustee in this Deed of Trust and by applicabFe law. This procedure for
<br /> substitution of Trustee snall govern to the exclusion ofi all other Provisions for substitution.
<br /> NOT9CES_ Any notice required to be given under this Deed of Trust, includ�ing without limitation any noti.ce of default
<br /> and any notice of sale shail be given in writing, and shall. be effective when actually delivered, when acivally 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 /> tne addresses shown near the beginning of this Deed of TrusY. AI! copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of TrusY shall be sent to Lender`s address, as sfiown near Yhe beginning of
<br /> tnis Deed of Trust. Any party may change its adciress fior notices under'this Deed ofi Trust by giving formaF written
<br /> notice to the otner parties, specifying that tne purpose of the notice is 2o change the party's address. t=or notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Ttustor's current address. Unless otherwise provided
<br /> or required by law, if there is more than one Trustor, any�otice given by Lende�r to any Trustor is daemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIQIVS. The following miscellaneous provisions are a part of this D2ed of Trust:
<br /> Amendments�. This Deed of Trust,together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed o#Trust. No alteration of 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 Reports. 9fi the Property is used for purposes other than Trustor"s residence, 3rustoe shald furnish� to
<br /> Lender, upon req�oest, a certified statement of net operating income received irrom the Property during Trustor's
<br /> previous fiisca9 year in sucf� form and detaiY as Lender shall require. "Net operating income" shai.l mean all cash
<br /> receipts from the Property less ali 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 or for the benefit of Lender i.n any capacity, withouf the written consent
<br /> of Lender.
<br /> Governing Law. Thls Deed of Trust wGll be governetl by federal law applicable to Lender and, to the extent not
<br /> preempted by#ederal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. Thos
<br /> �eec3 of Trust has been accepted 6y Lender in the State of Nebraska. �
<br /> Choice of Venue. !f there is a iawsuit, Trustor agrees upon Le�der°s request to submit to the jurisdiction� ofi the .
<br /> courts of Hail County, State of Nebraska.
<br /> No Waiver by Lender. Lendet shall not be cieemed 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 �ight or any other right. A waiver by Lender of a provis.ion of this D�eed of Trust
<br /> shall not prejudice or constitute a waiver ofi Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision ofi 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 Lender's rights or ofi any of Trustor's obligations
<br /> as ta any fuiure 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 continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> SeverabiliEy. If a court of compertent jurisdiction finds any provision of this Deed of Trust to be ilfegai, invalid, or
<br /> unenfoecea:ble as to any c�rcumstance, that finding shal! not make the offending provision illegai, invalici, or
<br /> unenforceabBe as to any other circumstance. 9T feasibie, Yhe offending provision shall be consideeed modiFied so
<br /> Yhat it becomes eegal, valid and enfiorceable. If the offending provision cannot be so modified, it shalE be
<br /> considered tleleteci from this Deed of Trust. Unfess otherwise requ➢red by law, the illegality, fnva:iid�Yy, or
<br /> unenfiorceability of any provision of this Deed of Trust shall not affect the legality, validity ot eniorceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subjeci to any li�mitations stated in this Deed of Trust on transfier of Trustor's interest,
<br /> this Deed of Trust shall be binding. upon and inure to the benefit of the parties, the�ir successors and assigns. If
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