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201208550
<br /> DEED OF TRUST
<br /> Loan No: 10004098 (COn$enued) Page 6
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not affect Lender's right to deciare Trustor in defaulT
<br /> and to exercise Lender's remedies. �
<br /> Request fior Notice. Trustor, on behaif 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 at the addresses sei forth in the first
<br /> paragraph of thi�s Deed of�Trust.
<br /> Attorneys' Fees; Expenses_ If Lender institutes any suit or action to enforce any ofi the terms of this Deed ofi
<br /> Trust, Lender shall be entitled to recover sucn sum as the court may adjudge reasor.abie as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the exteni not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection ofi its
<br /> interest or the enforcement of its rights snall 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 incl.ude,
<br /> without limitation, howevar 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 modify or vacate any automatic siay or injunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foredosure reports), surveyors'
<br /> reports, and appraisal fiees, title insurance, and fees fior the Trustee, to tne extent permitted by applicable law.
<br /> Trustor also will pay any court coSts, in addition to all other sums provided by law.
<br /> Rigfits of Trustee. Trustee sfiall have all of the rights and duties of Lender as set fiorth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obiigations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee_ In addition to all powers of Trustee arising as a matter of law,Trus�tee snall have.the powAr io
<br /> take the foflowing acti'ons with respect to the Property upon the written request of Lender and Trustor. (a) join in
<br /> preparing and filing a map or plat ofi the Real Property, including the dedicati�on 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 affecting this Deed of Trust or the interest of Lender under Yhis Deed of Trust.
<br /> Trustee_ Trustee shali meet all. qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set fortn above, with respect to all or any part of the Property, the Trustee shalf have the right to
<br /> fioreclose by notice and sale, and Lender will have the right to foreclose by judici.al foreclosure, in either case in
<br /> accordance witn and to the full ex2ent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time m time appoint a successor Trustee to any Teustee
<br /> appointed under this Deed ofi Trust by an instrument exe��cuted and acknowledged by Lender and recorded in the
<br /> office of tt�e recorder ofi NALL County, State of Nebraska. The instrument shall. contain, in addiiion 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 ofi Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the benefiiciaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shali succeed to all the
<br /> title, power, and duties co�nferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution ofi Trustee shall govern to tlze exclusion of all other provisions for substitution.
<br /> NOTICES_ Any notice required to be given under this Deed ofi Trust, including withoui limitation any notice ofi default
<br /> and any notice of sale shall be given in writing, and shall be effective when actualiy delivered, when actually received
<br /> by telefacsimile (unless otherwise required 6y law), when deposited with a nationally recognized overnight courier, 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 6eginning of this Deed of Trust. All. copies of notices of foreciosure fro�m tne nolder of
<br /> any lien whi.ch has priority over this Deed of Trust shall 6e sent to Lenders address, as shown near Yhe beginning of
<br /> this Deed o'F TrusY. Any person may change hi�s or her address for notices under thi5 Deetl of Trust by giving formal
<br /> written notice to the 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 ali times of Trustor's current address. Unless
<br /> otherwise provided or required by I�aw, ifi there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to ali Trustors, it will be Trustor's responsibiliiy to tell the othe�rs of the notice from Lender. �
<br /> MISCELLANEOUS PROVISIONS. Tne following miscellaneous provisions are a part ofi 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 conceming the matiers 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 change or
<br /> amendment.
<br /> Caption Headings. Gaption headings in this Deed of Trust are fior convenience purposes only and are not ao be
<br /> used to interpret or define the provisions of this Deed o#Trust.
<br /> Merger. Tnere snall be no merger of the interest or esiate created by this Deed of Trust with any other interest or
<br /> estate in tne Property at any Yime held by or fior the benefit of Lender in any ca.pacity, without the wrFtten consent
<br /> of Lender.
<br /> Governing Law_ This Deed of Trust witl be governed by federal Baw applicable Yo Lender and, to the extent not
<br /> preempted by federal law,.the laws of tke�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 submit to the jurisdiction of the
<br /> courts ofi Hall County, State of Nebras�.ka.
<br /> No Waiver by Lender. Trustor understands Lender wiU not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in. writing. The fact tnat Lender delays or omits to exercise any right will noi 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 f�ave to comply with the other provisions of this Deed ofi Trust. Trustor also understands
<br /> that ifi 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 furtner unders'tands 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 enfiorced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Tnerefore, a court will
<br /> enforce the rest of the provisions of this Deed ofi Trust even if a provision of this Deed ofi Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject To any limitations stated in this Deed of Trust on transfer of Ttustor's interest,
<br /> - this Deed o'F Trust shall be binding upon and inure ro the benefit of the parties, tneir successors and assigns. Ifi
<br /> ownership of fihe Property becomes vested in a person other than�Trustor, Lender, without notice to Trustor, may
<br /> deai 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 of this Deed of Trust or liability under the Indebtedness.
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