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201208343
<br /> DEED OF TRUST
<br /> Loan No: 81001387 (Continued) Page 6
<br /> mal<e expenditures or to tal<e action to perfiorm an obligation of Trustor under this Deed ofi Trust, after Trustor"s
<br /> faiLure to perform,shall not affect Lender's right to declare a default and exercise its remed�ies.
<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 rnailed to them at the addresses set fiorth in the first
<br /> paragraph of tnis Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of tne terms of this Deed ofi
<br /> Trust, Lender shall 6e entitied to recover suc:h sum as the court may adjudge reasonable as attorneys°fees at trial
<br /> and upon any appeal. Whether or n�t 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 /> interesY or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shali bea�r
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by Yhis paragraph indude,
<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 banlvuptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunetion), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaini�ng tiYle reports (including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustiee, to the extent permitted by applic�abFe law.
<br /> Trustor also wiil pay any court costs, in addition to all other sums providetl by law.
<br /> Rights of Trustee_ Trustae shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRLJSTEE. The following provisions relating to tne powers and obli.gations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. in addition to all powers of Trustee aris.ing a�s a matter of law, Trustee shall nave the powe�r to
<br /> tal<e the following actions with re�spect to the Pro�perty 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 /> publici (b) join in granting any easement or creating any resiriction on the Ftea1 Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed oP Trust.
<br /> Trustee. Trustee shall meet all qua�lifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies seY forth ahove, with respect to all or any part of the Property, the Trustee s.hall have the right to
<br /> foreclose by notice and sale, and Lender shall have the right to foreclose 6y jud�icial foreclosure, ln either case in
<br /> accordance with and to the full extent provid�ed 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 ad<nowledged by Lender and recorded in the
<br /> office of the recorder of HALL CounYy, State of Nebrasl<a. The instrume�nt shall contain, in addition to all other
<br /> ma'tters required by state law, fhe 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 shali be executed and ad<nowledged by all the beneficiaries under this De.ed ofi 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 conferred upon the Trustee in this Deed of Trusi and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substituti.on.
<br /> NOTICES. Any notice re.quired to be given under tnis Deed of Trust, including without limitation any notice of default
<br /> and any notice of sate shall be given in writing, and snall be effective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposiYed witn a nationally recognized ovemi�ght courier, or, if
<br /> ma:iled, when deposited in the United States mail, as first class, certifi�ed or registered.mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foredosure frorn 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 address for notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to I<eep Lender informed at all times of Trustor's current address. Uniess otherwise provided
<br /> or required by 9aw, if there is more than one Trustor, any notice given by Lender to any Trusfor is deemed to be notice
<br /> given to ail Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscelianeous provisions are a part of this Deed of Trust:
<br /> Amendmernts. This Deed of Trust, 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 am2ndment to this
<br /> Deed of Trust shall be effective uniess given in writing and signed by the party or parties sought to be charged or
<br /> bound 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 statem�ent of net operating income received from the Property during T�ustor's
<br /> previous fiscal year in such form and detail as Lender shall require_ "Net operating income" shall�mean all cash
<br /> receipts firom the Property iess all cash expenditures made in connection with ihe operation of the Property.
<br /> Captiore Headings. Caption headings on tfiis Deed of Trust are for eonven.ience purposes only and are not to be
<br /> used to interpreY or define the provisions of this �eed of Trust_
<br /> Merger. There shaii be no merger of the interest or estate created by this Deed of Trust with a�ny other interest or
<br /> estate in the Property at 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 will be governed by federai law applecable to Lender and, to the extent not
<br /> preempted by federal(aw,ttie laws of the State ofi Nebraslca without regard to its confiicts of law provisions. This
<br /> Deed of Trust has beeri accepted by Lender in fhe State of Nebraslca�.
<br /> Choice ofi Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of che
<br /> courts of Hall County, State of Nebrasl<a.
<br /> OV.o Waiver by Lender. Lender shall not be deemed to have waived any rigfits under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. t�lo eielay or omission on the part of Lende.r in exercising any right
<br /> shall o�perai:e as a waive.r of such rigf�t or any otner right. A waiver by Lender of a_provision of this Deed o'F Trust
<br /> shalf not�prejudice or constitute a waiver of Lender's right otherwise io demand stricY compliance with that
<br /> provision or any other provision of this Deed of Trust No prior waiver by Lender, nor any course of dealing
<br /> 6etween C.ender and Trustor, shall constifute a waiver of any of Lender's rights or of any ofi Trustor's obligations
<br /> as to any �future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granYing
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. Ifi a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not mal<e the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, tne offending provision shall be considered modified so �
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from tnis Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
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