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201207757
<br /> DEED O� TRUSI"
<br /> Loan No: 10003950 (Contlnued) Page 6
<br /> and a copy of any Notice of Sale�under this Deed of Trust be mailed to them at the addresses set fiorth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys° Fees: Expenses. Ifi Lender institutes any suit or action to enforce any of the terms ofi this Deed oF
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reaso�able as attorneys' fees at triai
<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 i'�or the protecti�on 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 Note rate from tne date of the expenditure until repaid. Expenses covered by this paragraph indude,
<br /> without limitation, nowever subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, wnetner or not there is a lawsuit, induding attomeys' fees and expenses fior bankruptcy proceedings
<br /> (induding efforts to modify or vacate any automati.c stay or injunction), appeals, and any anticipated post judgment
<br /> collection services; tne cost of searching records, obtai.ning title reports (including foredosure 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 addi2ion to ali 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 se�ction.
<br /> � POWERS AiVD D�BLIGATIONS OF TRU�STEE_ The folFowing provisions relating to the powers and obligatfons of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In add.ition to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br /> iake the following actions with respect to the Property upon the written repuesi ofi Lender and Trustor: (a)join in
<br /> preparing and fili��ng a map or plat of the Real Property, including the dedi�cation 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 afifecting 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 the Property, the Trustee shall have the right to
<br /> foredose by notice and sale, and Lender wi❑ have the right to fioreclose by judicial foreclosure, in either case in.
<br /> accordance with and to the full extent provi�ded 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 /> oifice of the recorder of HALL CouMy, State of Nebraska. The instrument shall contain, in addition to ali other
<br /> matters required by state law, the names of the originaf Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference} where this Dee:d of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowiedged by all the benefici�.aries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance ofi the Property, shall s.ucceed to ail tne
<br /> title, power, and duties conferYetl.upon the Trustee in this Deed of Trust and by applicable law. Tnis procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> R9-0TICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br /> and any notice of s�ale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacSi.mi.le (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited i.n the United StaYes mail., as first ciass, certified or reg:iste��red mail postage prepaid, directed to
<br /> the addresses shown near the beginning ofi this Deed of Trust. All copies ofi notices of foreclosure from the holder of
<br /> any li�en which has priority over this Deed ofi Trust shail be sent to Le.nder`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 tne other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address_ For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otnerwise provided or required by law, ifi there is rnore than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It wi.11 be Trustor's responsibiiity to tell the others of tne notice from Lender.
<br /> MISCELLANEOU�S PROVISIOf�!$. The foflow�ing miscellaneous provisio�ns are a part ofi this Deed of Trust:
<br /> Amendments_ What is written in this Deed of Trust and in the Related Documents is Trusior's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective, any cnange or amendment to
<br /> this Deed of Trust must be in writing and must be sig.ned by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed ofi Trust are for convenien�ce 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 fo�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 Le�nder and. to the extent not
<br /> preempted by federal law,the laws of the State of I�lebtaska without regard to its conflicts of law provisions. This
<br /> Deed of Trust tias been accepteci by Lender in the State of Nebraska.
<br /> Choice of Vertue_ if there is a lawsuit, Trustor agrees upon Lender's request to subrnit Yo the jurisdiction of the
<br /> courts of Hall CouMy, State of Nebraska.
<br /> Joint and Several Liabi9Bty_ 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 :s
<br /> responsible for aIi obligations in this Deed of Trust.
<br /> No Waiver by Lender�_ Trustor understands Lender will not give up any of Lender's rights under tfiis 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, that does not
<br /> mean Trustor wiU not have to compiy with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's conseM
<br /> again ifi 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 wiil be required to consent to any of TrustorTs fiuture requestS.
<br /> Trustor waives presentment, dem..and for payment, protest,and notice of dishonor.
<br /> Severability. Ifi a court finds thai any provision of this Deed of Trust is not valid or shoWd 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 Deed of Trust even if a provision of this Deed ofi Trust may be found to be
<br /> Snvalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in tnis Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust snall be binding upon and i�nure to the benefiit ofi the parties, thei:r successors and assigns. if
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with refierence Yo this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension witnout releasing Trustor from tne obligations of this Deed of Trust or liability undes the Indebtedness.
<br /> Time is ofi the Essence. Time is of the essence in tfie performance of this Deed of Trust.
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