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201207740
<br /> DEED OF TRUST
<br /> Loan No: 81001148 (Continued) Page 6
<br /> either ofi them may in their absolute discretion determine. N�o remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exdusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shalf be in addition to every other re�medy 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 /> Documents to Trustee or Lender or to which either of 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 inconsisYent remedies. Nothing in this Deed of Trust snall be construed as
<br /> prohibiting Lender from seeking a defic,iency judgment against the Trustor to the extent sucn action is permitted by
<br /> law. Election by Lender to pursue any remedy shall noi exclude pursuit of any othet remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed o#Trust, after Trustor's
<br /> failure to perform,shall noi affect Lender's right to declare a default and exercise its remedies.
<br /> Request for lVotice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Noiice of Sale under this Deed of Trust be mailed to thern at the addresses set forth in tne first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; E�cpenses_ If Lentler institutes any suiI or action to enforce any of the terms ofi th'is �eed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adj�udge 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 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 dem�and and s:hall bear
<br /> interest at the Note rate from the daYe of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> witnout limitation, however subject to any lim�its under applicable law, Lender's attorneys' fees and Lender's legal
<br /> � expenses, whethet or not there is a lawsuit, inc:luding attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay o�injunction), appeals,and any aMicipated post-judgment
<br /> coilection 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 also will pay any court costs, in addition to all other sums provided by law�.
<br /> Rights of Trustee. Trustee shall have all ofi the rights and duties ofi Lender as set fo�rth in this section.
<br /> POWERS AND OBLIGATIONS QF 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 powe:rs of Trustee arising as a matter of law,Trustee shalf have the power to
<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 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 ofi Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee snall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and �emed�ies set forth above, with respect to all or any part of the Property, the Trustee shall nave the right to
<br /> foreclose by notice and sale, and Lender shall have the righT Yo foreclose by judicial fioreclosure, in either case in
<br /> accordance with and io 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 /> appoin2ed 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 instrument shall contain, in addition Yo all other
<br /> matte�s required by state law, tne names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where tkis Deed of Trust is recorded, and the name and address ofi 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 confierted upon the Trustee in this Deed of Trust and by applicable law. This procedure fior
<br /> substitution of Trustee shall govem to the exclusion of all other provisions fior 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 be effective 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 /> mailed, when deposited in the United States mail, as fiirst class, certified or registered mail postage prepaid, directed to
<br /> Yne addresses shown near the beginning of this Deed of Trust.. AII copies of notices of foreclosure fro.m 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 m:ay change its address for notices under this Deed of Trust by giving formal written
<br /> no'tice to tne other parties, specifying that the purpose of the notice is to cnange the party's address. For notice
<br /> purposes,Trustor agrees to kee�p Lend�er informed ai all times of 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 Trustors.
<br /> MiSCELLANEOUS PROVISIONS. The foflowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, togethe�with any Related Documents, constitutes the entire understanding and
<br /> agteement of the parties as 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 writing and signed by the party or parties sougnt to be charged or
<br /> bo�und by the alteration 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 Trustot's
<br /> previous fiscal year in such form and detai:i 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 Yh�is Deed of Trust.
<br /> Merger. There shall be no merger of the inte�est or estate created by this Deed of Trust with any other interest or
<br /> estate in�the Property at any time held by oY fo��r the benefit�of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and., to the extent not
<br /> preempted by federal law,the laws of the State of Nebreska without regard Yo its conflicts of law provisions. This
<br /> Deed of Trust has 6een accepted by Lender in the State of Nebraska.
<br /> CF�oice 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 /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed ofi Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed ofi 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
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