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201207892
<br /> DEED OF TRUST
<br /> Loan No: 373051729 (C011tinued) Page 6
<br /> paragrap.h of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any ofi the terms ofi this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal: Whether or not any court action is involved, and to tne 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 enfiorcement of its rights shall become a part of the 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 paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fiees and Lender`s legal
<br /> expenses, whether or not there is a Iawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (inciuding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br /> collection services,the cost of searching records, obtaining tiile reports (including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees fior the Trustee, to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to aIl 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. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed ofi Trust:
<br /> Powers 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 Property upon the written request of Lender and Trustor. (a)jo�in in
<br /> preparing and filing a map or plat of the Real Property, induding 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 afifecting this Deed of Trust or the interest of Lender untler this Deed of Trust.
<br /> Trustee. Trustee shall meet aII qua�lifications 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 /> foreclose by notice and sale, and Lender will have the rig�ht to foreciose by judicial foreclosure, in either case in
<br /> accordance with and to the full e.xtent provided by appl.fcable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed unde� this Deed of Trust by an instrument executed a:nd acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State ofi 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 (or
<br /> computer system reference) 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 all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. Tne successor trustee, without conveyance of the Property, shall succeed io all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall gove�rn to the exclusion of all other provisions for substitution. �
<br /> NOTICES. Any notice required to be given under tnis 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), wnen deposited with a nationally recognized ovemight courier, or,if
<br /> mailed, when deposited in the United States mail, as first dass, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deetl of Trust shall be sent to Lender'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 the othe.r person or pe:rsons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trusto�ageees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS_ The following miscellaneous provisions a�e a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the cnange or
<br /> � amendment.
<br /> Capiion Headings_ Caption headings in this Deed of Trust are for convenience purposes oniy 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 6enefit of Lender in any capacity, without the writte�consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust witt be governed by federal Iaw 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 State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submi�t to tne ju�isdiction of the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Several Liability_ All obligations of Trustor under this Deed of Trust snall 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 of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing_ The fact that Lender delays �or omits to exercise any right wi.11 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 will not have to comply with the other provisions of this Deed ofi 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 consent
<br /> again if 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 will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability�_ If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself will noi mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court wll
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of tnis Deed of Trust may 6e found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitati�ons stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Pro:perty becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and ihe Indebtedness by way of forbearance or
<br /> extension without releasing Trustor firom the obligations of this Deed ofi Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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