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201208792
<br /> DEED OF TRl1ST
<br /> Loan IVo: 10004387 (Continued} Page 6
<br /> and a copy ofi any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the fiirst
<br /> paragraph of this Deed of Trust_
<br /> Attorneys' Fees; E�cpenses: If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the co�urt may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the eictent 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 Indebted.ness payable on demand and shall bear
<br /> interest at the Note rate from the date ofi the expenditure until repai�d. Expenses covered by this paragraph include,
<br /> without limitation, however subject to any fimits under applicable law, Lender's attorneys' �ees and Lender°s legai
<br /> expenses, whether or not tihere is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any aniicipaied post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including fioreclosure reports), surveyors'
<br /> . reports, and appraisai fees, title insurance, a:nd fees for the Trustee, to Yhe extent permitted by applicable law:
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law. �
<br /> Rights of Trustee. Trustee shali have ali ofi the righYs and duYies of Lender as set forth i.n this section..
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The folFowing provisions relating to Yhe powers and obligations of TrusYee
<br /> are part ofi tnis Deed of Trust:
<br /> Powers of Trus#ee. In addition to all powers of Trustee arising as a matter of law, Trustee sFi.all have the power to
<br /> take the following actions with respect to tne Property upon tne written request ofi Lender and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Real Property, induding the dedication ofi streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (ci join in any
<br /> subordination or other agreemen2 affecting this Deed of Trust or the interest ofi Lender under this IIeed of Trust.
<br /> Trustee. Trustee shall meeY all quatifications 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 shali have the right to
<br /> fioreclose 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 by applicable law..
<br /> Successor Trustee_ Lender, at Lender's option, may from time to time appoint a successor TrusYee to any Trustee
<br /> appointed under ihis Deed of Trust by an instrument executed and acknowledged by Lender antl� recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain; in addition to ali other
<br /> matters required by state law, the names ofi the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) wfiere this Deed of Trust is recorded, and t4e name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by alf the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, without canveyance of the Property, shall succeed to 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 govern to tfie exdusion oi all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, induding witho�ut limitation any notice of default
<br /> and any notice of sale shall be given in writing, and shall be eifiective 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 i�n the United States mail, as first class, certified or registered maii postage p:repaid, d'irected to
<br /> the addresses shown near tne beginning of this Deed of Trust. AII copies of notices of foreclosure firom the holder of
<br /> any fien which has priority over tnis Deed 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 noti.ces under this Deed of Trusi by g:iving formal
<br /> written noti�ce to the otner person or persons, specifyi�ng that the purpose of the notice is to change the person's
<br /> address. For notice purposes, Trustor agrees to keep Lender inform�ed at all times of Trustor's current address. lJnless
<br /> otherwise provided o�r 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 enisceflaneous provisions are a part of this Deed of Trust:
<br /> ArrnendmenYs. What es written in this Deed of Trust and in the Related Documents is Trustor`s entire agreement
<br /> with Lender concerning 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 ihe change or
<br /> amendment.
<br /> Captlon 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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in Yhe Property at any time held by or fior the benefit of Lender in any capacity, without the written co�nsent
<br /> of Lender.
<br /> Governing Law. This Deed of"Frust wilk be governed by fedecal law applicable to Lender and,to the extent not
<br /> preempted by federat law,the laws of tF�e State of Nebraska w6thout regaral to its coreflicts of law provisions. This
<br /> Deed of Trust has been accepied by Lender in tt�e State of Nebraska.
<br /> � Choice of Venue. lf there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of Ihe
<br /> courts of Hall County, State of Nebraska..
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joi�nt and several, and all
<br /> references to Trustor snall mean each and every TYustor. This means that each Trusior 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 ofi Lender's rignts under tnis 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 up one of Lender's rights, that does not
<br /> mean Trustor will not have to comply with the otiher provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, that does not mean that Trustor wifl not have io get Lender`s consent
<br /> again ifi tne situation happens again. Trustor further understancis that just because Lender consents to one or more
<br /> of Trustor°s req.uests, that does not mean Lender will 6e required to consent to any of Trustor's €uture requests.
<br /> Trustor waives presentment, ciemand for paym��ent, protest, and noti:ce of dishonor.
<br /> Severability.. If a court finds that any provision o�this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court wi17 �
<br /> enforce the rest of the provisions of this Deed of Trust even ifi a provision of this Deed of Trust rnay be fiound to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limiiations stated in this Deed ofi Trust on iransfer of Trustor's interest,
<br /> this Deed of Trust snall be binding upon and inure to the benefit ofi the parti.es; their successors and assigns. If
<br /> ownershi.p of the Property 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 ofi Trust and the Indebtedness 6y way of forbearance or
<br /> extens.i�on without reieas.ing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of Zhe essence in the performance of tnis Deed of Trust.
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