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201208896
<br /> DEED OF TRUST
<br /> Loan No_ 87007445 (ContinuedD Page 6
<br /> this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed ofi trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or i.n any
<br /> manner affect Trustee's or Lender's right to tealize upon or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them,shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in tneir absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by tne Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be otnerwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender firom seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. Election.by Lender to pursue any remedy shall not exdude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform,shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy ofi 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 set forth in the first
<br /> paragraph of th�is Deed of Trust.
<br /> A+ttorneys" Fees; Expenses. Ifi Lende� institutes any suit or action to enforce any of the terms of th�is Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fiees 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 i.ncurs that in Lender's opinion are necessary at any time for the protection of 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 ofi tne expenditure until repaid. Expenses covered by this paragraph indude,
<br /> without IimitaYion, however Subject to any limits under applica6le law, LendePs attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br /> (induding efforts to mod�ify or vacate any automati.c stay or injunction), appeals, and any anticipated post-judgment
<br /> collection serv�ces, the cost of searchi:ng records, obtaining title reports (indudi.ng foreclosure reportsl, surveyors'
<br /> reports, antl appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appficable Iaw.
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section..
<br /> POWERS AND OBLIGATIONS OF TRUSTEE_ The'following provisions relating to the powers and obligations of Trustee
<br /> a�re part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Ttustee shall have tF�.e power to
<br /> take ttie following actions with respect to the Property upon the written request of Lender and Trustor: (a)join i.n
<br /> prepari.ng and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easemeni or creating any rest�iction� 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 Ttustee 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 shall have tne right to
<br /> foreclose by notice and sale, and Lerider shall have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by appticable 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 acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The insirument shall contain, in atldition to all other
<br /> matters tequited by state law, the names of the original Lender, Trustee, and Trustoi, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address ofi the successor
<br /> trustee, and the instrument shall be executed and acknowledged by aU the beneficiaries under this Deed of 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 Trust and by applicable law. This procedure for
<br /> subsTitution of Trustee shall govern to the exclusion of alI other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, includ"mg withoui limitation any notice of default
<br /> and any notice of sale shall be given in writing, and shafl 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 dass, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning ofi this Deed of Trust. All copies of notices of foreclosure firom the holder of
<br /> any lien which has priority over this Deed ofi Trust shall be sent to Lender`s address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change its address for noti.ces 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 tne party's address. For notice
<br /> purposes, TrusYor agrees to keep Lender informed at all times of Trustor`s current address. Unless otherwise provided
<br /> or required by law, if there is more than one Tiustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors,
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set fiorth in this Deed of Trust. No alteration of or amendment to this
<br /> Deed of Trust shall be effective unless 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 statement of net operating income received from the Property duiing Trusto�'s
<br /> previous fiscal year in such fiorm and detail as Lender shall tequire. "Net operating income"� shall mean all cash
<br /> receipts firom the Property less all cash expenditures made in connection with the operation of the Property.
<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 shall be no merger of the iMerest or estate created by this Deed of Trust wi#h 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 Lendet.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the e�ctent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of Iaw provisions_ This
<br /> Deed of Trust has been accepted by Lender in the State of Nebreska.
<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 Hall County,State of Nebraska.
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