|
201209012
<br /> DEED OF TRUST
<br /> Loan Not 81007486 (Continued) Page 6
<br /> law. Election by Lender to pursue any remedy shail not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under tfiis Deed of TPust, after Trustor's
<br /> failure to perform,shall not affect Lender's right to declare a defiault and exercise its remedies.
<br /> Request for Notice. Trustor, on behalfi ofi Trustor and Lender, hereby requests that a copy of any Notice of Defiault
<br /> and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses Set forth in tne first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees, Expenses. If Lender institutes any suit or action to enfiorce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as tne court may adjudge reasonable as attorneys' fees at irial
<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 incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate firom the date of the expenditure until repa:id. Expenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lentler's legal
<br /> expenses, whether or not there is a lawsuit, includ�ing attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modity or vacate any autornatic stay or injunctioN, appeals, and any anticipated post Judgment
<br /> collection services, tne cost of searching records, obtaining title reports (including fore.closure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the TrusYee, to the extent permitted by appli�cable law.
<br /> Trustor also will pay any coutt 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 /> are part of this Deed of Trust:
<br /> Powers of Trustee. In atldition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor:: (a) join in
<br /> preparing and filing a map or plat of ihe Real Property, including the dedication of streets or other rights to the
<br /> pubtic; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecti�ng tliis Deed of Trust or the intetest of Lender under this Deed of Trust.
<br /> Trustee_ Trustee shall meet all qualifiications 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 s:hall have the right to
<br /> foreclose by noti�ce and sale, and Lender shall have the right to fioreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full exte.nt provided 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 acknowledged by Lender and recorded in the
<br /> office of ihe recorder of HALL County, State of Nebraska�. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of fhe original Lender, Trustee, and Trusto�r, 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 /> Vustee, and the instrument snall 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, shall succeed to alI 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 tne exclusion of atl 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 shall be effective when actually delivered, when actua:lly received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in tne United StaYes mail, as first dass, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien wnicn nas priority over this Deed of Trust shall be sent to Lender's address, as shown near tne beginning of
<br /> this Deed of Trust. Any party may change its address for noti.ces under this Deed ofi Trust 6y giving formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to cnange the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender infotmed at aIl times of Trus'tor's curtent address. llnless otherwise provided
<br /> or required by Iaw, if there.is more than one Trustor, any notice given by Lender to any Trustor is deemed io be notice
<br /> given to all Trustiors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions a�e 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 ofi the parties as to the m�a'tters set fo�rth in th�is Deed ofi 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 tne alteraYion or amendmeni.
<br /> Annual Reports. Ifi the Property is used for purposes other than Trusior's residence, Trustor shall furnish to
<br /> Lender, wpon request, a certified statement ofi net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lend.er shall require. "Net operating income" shall mean all cash
<br /> recei�pts from 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 interest or estate created by this Deed of TrusY wiYh any 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 federal law applicable to Lender and, to the ex'tent not
<br /> preempted by federal law,the Iaws ofi the 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 of Hall County, State of Nebraska.
<br /> Joint and Severel Liability. All obligations of Borrower and Trustor under tnis Deed of Trust shall be joint and
<br /> several, and all references to Trustor shall mean.each and every Trustor, and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> snall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> , shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict 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 /> between Lentler and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under tnis Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall noi constitute con'[inuing consent to subsequent instances where
<br /> such consent is required and in all cases such co�nsent may be granted or withheld in the sole discretion of Lender.
<br />
|