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201207758
<br /> DEED OF TRUST
<br /> Loan No_ 8700'1065 (Continued) Page 6
<br /> Remed7es Not Exclusive. Trustee and Lender, and each ofi them, shall be entitled to enforce payment and
<br /> pe.rformance of any indebtedness or obligations secured by this Deed of Trust and to exercise ali ri�ghts and powers
<br /> under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or
<br /> any laws now or hereafter in force; notwithstanding, some or alJ of such indebtedness and obiigations secured by
<br /> � this Deetl of Trust may now or hereafter be otherwise secured, whether by mortgage, deed ofi trust, pledge, lien,
<br /> assignment or otherwise. N.either the acceptance of this Deed of Trust nor iYs enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender,it being agreetl.that Trustee and Lender, and each of them, shall be entitied to e�nforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cu�mulaiive and shall be in addiiion to every oiher remedy 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 Yhe N'ote or any of the Related
<br /> Documents to Trustee or Lender or to which eiiher of them may be otherwise entitled, may be exercised;
<br /> concurrently or independ�ently, firom time to iime and as ofiten as may be deemed expedient by Trustee or Lender,
<br /> and either of Yhem may pursue inconsistent remedies. Nothing in this Deed o'f Trust sha❑ be construed as
<br /> prohibiting Lender from seeking a deficiency judgment aga7nsT the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to purs.ue any rernedy shall not exdude pursuit of any other remedy, and an election to
<br /> make expenditures or to take actio�n to perform an obligation of Trustor under tnis Deed of Trust, after Trustor°s
<br /> failure to perform, shall not affect Lender's right to dedare a default and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them ai fhe addresses set forth i.n the fitst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lende�r institutes any suit or action Yo enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover sucn sum as the court may adjudge reasonable as attorneys' fiees at triaJ
<br /> and upon any appeal. Wnetner or not any court acfion is involved, and to the extent not prohibited by law, all
<br /> reasonabie expenses Lender incurs that in Lender's opinion are necessary at any time for tne protectiort of its
<br /> interest or the enfiorcement ofi its rignts snail become a part of the indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of tne expenditure until repaid. Expenses covered by this paragraph include,
<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 attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modi�fy or vacate any automatic stay or injunctioN, appeals, and any anticipatetl post-judgment
<br /> collection services, the cost of searching records, obtaining iitle reports (induding.foreclosure reportsD, surveyors°
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicabie law.
<br /> Trustor also will pay any court costs, in addition io all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all ofi the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE.. The foilowing provisions relating to the powers and o�bligations of Ttustee
<br /> are part of this Deeti of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shail 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, ind�uding tne dedication of streets or other rights to the
<br /> pubiic, (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 o4 Trust or the interest of Lender under Yfz.is Deed ofi Trust.
<br /> Trustee. Trustee shall meet ail qualifications required for Trustee under applicable law. In addition to the rigf�ts
<br /> and remedies set forth above, with respect to all or any part ofi the Property, the Trustee shall have the right Yo
<br /> foreclose by noti�ce and sale, a.nd Lender shall have the right to foreclose by judicial foreciosure, in either case in
<br /> accordance with and to 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 /> appointed under this Deed of Trust by an instrument executed. and acknowledged by Le�nder and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (ot
<br /> computer system refierence) 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 ah t}ie beneficiaries under tnis Deed of T�ust or
<br /> their successors in interest. The successor trustee, without 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. Tfiis procedure for
<br /> substitution of Trustee shall govern to the exclusion of ali other provisions for substitution.
<br /> NOTICES_ Any notice required to be given under this Deed� o'F Trust, induding wiihout limitaiion any notice of defauit
<br /> and any notice of sale shall be given in writing, and shall be effective when actually deiivered, when actuaily received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnignt courier, or, ifi
<br /> mailed, when deposited in the United States mail, as first class,�certified or registered mail postage prepaid, directed io
<br /> the addresses shown near the beginning ofi 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 shail be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change its add�ress fior notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the pu�rpose of the notice is to change the party's address. For notice �
<br /> purposes, Trustor agrees to keep Lender informed at all times of TrusYor`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 Trus'tors.
<br /> MISCELLANEOUS PR�OVISIONS. The following miscelianeous provisions a:e a part of this Deed of Trust: .
<br /> Amendments. Th�is Deed of Ttust,together with any Related Documents, constitutes the entire understanding and
<br /> agreement 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 sought to be charged or
<br /> bound by the alteratio�n or amendment.
<br /> Annual Reports. if the Property is used for purposes other than Trus�tor's residence, Trusto�r shall furnish to
<br /> L�nder, upon request, a certifi.ed statement of net operati:ng income recei:ved from the Property during Trustor's
<br /> previous fiiscal year in such form and detail as Lender shall require. "Net operating income" shali mean all casn
<br /> receipts from the Prbperty less all cash expenditures made in connection witn tne 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 defiine the provisions of this Deed of Trust.
<br /> Merger_ There shail be no merger of the interest or estate created by this Deed of Trust with any other inteYest or
<br /> estate in.the Property ai any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust witl be governed by federal law applicable to Lender and. to the extent not
<br /> preempted 6y federal law,the laws of the State of Nebraslca without regard to its conflicts of law provisions. This
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