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201208016
<br /> DEED OF Tff�US�"
<br /> �oan nao: 70oo372s (Continued) Pa�e 6
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit. or action to enforce any of tne terms of this �eed ofi
<br /> Trust, Lender shall be entitled to recover such s.um 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 the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs ihat in Lender`s opinion are necessary at any time fior the protection ofi its
<br /> Interest or the enforcement of its ri:ghts shall become a part of the Indebtedness payable on demand and slialE bear
<br /> interest at ihe Note rate from the date of the expenditure until repaid. Expenses covered by this paragrapfi inciude,
<br /> without fimitation, howe�er subject to any limits under applicabie law, Lender's attorneys' fees and Lender°s legal
<br /> expenses, whether or not there is a lawsuit, i:ncluding attorneys' fees and expenses for bankruptcy proceedings
<br /> (inciuding efforts to modify or vacate any automatic stay or injunetion), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title re�ports (includ�ing foredosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permiited by applicable law.
<br /> Trustor also will pay any court costs, in add.ition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all ofi the righYs antl duties of Lender as set forth in th.is section.
<br /> POWERS AND OBLIGATfONS OF TFiUSTEE. The following provisions relating to the powers and obfigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to ail powers of Trustee arising as a m�atter of law,Trustee shall have the power to
<br /> tal<e the foPlowing acti�ans with respect to the Property upon the written request of Lender and Trustor: (a)join in
<br /> preparing and filing a map or ptat afi the Real Property, including the dedication of streets or other righis to the
<br /> public; (b) join in granting�� any easement or creating any restriction on +he Reai Pro�perty; and (c) join in any
<br /> subordination or other agreement affecting this Deed ofi Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. TrusYee shall. meet ail qualifications required for Trustee under applicable law. In addition t6 the rights
<br /> and remedies sei forth above, wiih 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 right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided�6y a.pplicabl:e faw,
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appoi�nted under this Deed of Trust by an instrument executed and acknowl�.edged by Lender 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 Lende�, Trustee, and Trustor, the book and page (or
<br /> compute:r system reference) where this Deed ofi Trust is recorded, and the name and address of the successor
<br /> trustee,and the insYrument shall be executed and acknowledged by ali tfie beneficiaries under this Deed ofi Trust or
<br /> their successors in interest The successor irustee, without conveyance of the Property, shall succeed to all tne
<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 snall govem to the exclusion of all other provisions for substitution.
<br /> NOTIGES. Any notice required to be given under this Deed of Trust, includ.ing without Iimitation any notice of default
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delive:red, when a��ctually teceived
<br /> by telefacs:imiie (unless otherwise requi�red by law), when deposited with a nationally recognized overnighY co�urier, or, if
<br /> mailed, when deposited in the United States mail, as first class, 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 fro�m the holder of
<br /> any lien whicn Fi.as priority over tnis Deed of Trust shall be sent to Lender's address, as snown near the beginning of
<br /> this Deed of Trust. Any person may change nis or ner address for notices under tnis D�.eed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of tne notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times of TrustoPs current address. Uniess
<br /> otherwise provided or required by law, if Ehere is more tha�n 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 fioliowing miscelfaneous provisions are a pa.rt o#this Deed of Trust:
<br /> Amendments. What is written in this Deed ofi Trust and in tne Related Documents is Trustor`s enti�re agreement
<br /> with Lencier concerni�ng 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 wnoever will be bound or obligated by the cnange or
<br /> a:mendment.
<br /> Caption Headings�.. Caption headings in ihis Deed of T�ust 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 shail 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 ofi Lender in any capacity, without the written consent
<br /> of Lender_
<br /> Governing Law. This Deed of Trust will be governed by federal law apFxlicable to Lender and, to the extent not
<br /> preempted 4�y federal law.the laws of the S'tate of IVebraska without regard to its conflicts of law provlsions. This
<br /> Deeci of Trusf has been accepted by Lender en the SBate ot Nebraska.
<br /> Choice of Venue. If there is a lawsuit; Trustar agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hail County, Siate of Nebraska �
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joirit and saveral, and al:l
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor sig�ning below is
<br /> responsibl.e for all obligations i:n 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 will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give �p one of Lender's righYs, that does not
<br /> mean Trustor will not have to comply with the oiher provisions of this Deed of Trust. Trustor also understands
<br /> that i# Lender does consent to a request, that does not mean that Trustor will not have to get Lender's conseni
<br /> again ifi the situation happens again. Trustor further undersYands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lender wil! 6e required to consent to any of Trustor's future requests.
<br /> Trustor waives presentrnent,demand for payrraent, protes2, and notice of tlishonor.
<br /> Severability. Ifi 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 not m�.ean that the�est 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 tnis Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed ofi Trust on transfer ofi 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 Property becomes vested in. a person other than Trustor, Lender, witho�ut notice to Trustor, may
<br /> deal.with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations ofi this Deed of 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_
<br /> VVaive Jury. All parties to this Deed of Trust hereby waive the right#o any jury trial en any acYion, proceeding, or
<br /> counterclaim braught by any party against any other party_
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