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201208583
<br /> DEED OF -f'RUST
<br /> 9_oan No: 700U413'9 (COntlnued) Page 6
<br /> interest or the enfiorcement ofi its rights sfiafl become a part of the Indebtedness payable on demand and shalf bear
<br /> interest at the Note rate from ihe daYe 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 legat
<br /> expenses, whether or not there is a lawsui[, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any antici.pated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br /> reports, and a�ppraisal fiees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law. �
<br /> Rights ofi Trustee_ Trustee shall have all ofi the�ights and duties o#Lender as set forth in fihis section.
<br /> POWERS AND �BLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this iDeed ofi T,rust: �
<br /> Powers of TrusYee. in addition to all powers of Trustee arising as a matter of law, Trustee shail i�ave the power�o
<br /> take the gollowing actions with respecY to the Property upon the written request of Lender and Trustor. (a) join in
<br /> preparing and filing a map or plat o�f 4he Real Property, including 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 affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to alI or any part of the Property, the Trustee shall have the right to
<br /> fioreclose by notice and sale, and Lentler will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicabie law.
<br /> Successor Trustee_ Lender, at Lender's option., may from iime to iime appoint a successo�Trustee to any Trustee
<br /> appointed under thi�s Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> ofifice of the recorder of HALL County, State of Nebrasl<a. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, tne book and page (or
<br /> computer system reference) where this Deed o'F Trus'[ is recorded, and the name and address of the successor
<br /> trus'tee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successws in interest. The successor trustee, without conveyance ofi the Property, shall succeed to alI the
<br /> ti'tle, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br /> and any notice of sale shall be given in writing, and s�hall be effective when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by 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 /> tne addresses s:hown near the bec�inning of this Deed of Trust. All copies ofi notices of foreclosure from the holder of
<br /> any lien whicn has p�riority over this Deed of Trust s�hall be sent co 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 tne 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 Iceep Lender informed at all times of Trustor's current address. lJnless
<br /> otherwise provided or requered by law, if there is mare tfian one Trustor, any noti�.ce 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 are a part of this Deed of Trust:
<br /> Amendments_ Whac is wri:tten 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 6e bound ar obligated by the change or
<br /> amendment.
<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 define the provisions of this Deed of Trust.
<br /> Merger_ There shail be no merger ofi the interest or estate created by this Deed of Trust with any other interest or
<br /> estaYe in the Property at any time heid 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 federal law applicable to Lender and, to tne extent noY
<br /> preempted by federai 7aw,the laws of the State ofi Nebraska without regard to its conflicts of law provisions. Tnis
<br /> Deed of Trust has beern accepted by Lender in the State of Nebraslca.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hali County, St�te of Nebraslca.
<br /> Joint and Several Liabilety. All o�bligations of Borrower and Trustor under ihis Deed of Trust shall be joint and
<br /> several, and all references to TrusYor shall mean each and every Trustor, and all references to Borrowe�r shall mean
<br /> each and every Bo�rrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust
<br /> 1Vo Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under Ynis Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any rignt wili not mean that
<br /> Lender has glven up thax right. if Lender does agree in writing to give up one of Lender°s rights., that does not
<br /> mean Trustor will noY have to compiy with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, that does not mean ihat Trustor wiil not have to get Lender's consent
<br /> again if the situation happens again. Trustor fiurther understands that just 6ecause Lender consents to one or rnore
<br /> of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requesis.
<br /> Trustor waives presentment, dema:nd fot payment, protest, and notice of dishonor.
<br /> Severabiliiy. 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 not mean tnat the rest of this Deed of Trust will not be valid or enforced. Therefore; a court will
<br /> enforce the rest of the provisions oF tnis Deed of 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 Iimi:Cations stated in �this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be bi�nding upon and inure to the benefit of the parties, their successors and assi.gns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with T�ustor`s successors v�rith reference to this Deed of Trust arnd the Indebtedness by way of fiorbearance or
<br /> extension without reieasing irustor from the obligations of 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 /> Waive Jury_ All parties ta this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought by any party against any other party_
<br /> Waiver of Homestead Ex.emption�. Trustor hereby releases and waives all rights and 6enefits of the homestead
<br /> exemption laws of the State of Nebraslca as to all Indebtedness secured by this Deed of Trust.
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