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201209196
<br /> DEED OF TRUST
<br /> Loan No: 10004288 (Co11ti17Ued) i�age 6
<br /> interest at the Note rate from the date of the expendiiure until repaid. Expenses covered by this paragraph include,
<br /> without iimitation, however subject to any limits under applicable law, Lender's attomeys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, inctuding attorneys' fees and expenses for bankruptcy proceedings
<br /> (including ef`orYs to modify or vacate any automatic stay or injunction), appeals, and any anticipated postyudgment
<br /> collectior. services, tne cost of searching records, obtaining title reports (including fioreclosure reports), surveyors'
<br /> reports, and a�ppraisai fees, titie insu�ance, and fees for the Trustee, to the exient permitted by applicable law.
<br /> Trustor also will pay any court costs, in addition to all other sums provided hy 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 OBLlGATIONS OF TRtJSTEE. The following provisions relating to the powers and obligations 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,Trustee shall have the power to
<br /> take the fiollowing actions with respect to the Property upon the written request of Lender and Trustor: (a)join in
<br /> preparing and {i�ing a map or piat ofi the Real Property, including 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 (c) join in any
<br /> suBordination or other agreement affecting this Deed of Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable faw. In addition to the rights
<br /> and remedies set forth a6ove, with respect to all or any part of the Property, the Trustee shaii have the right to
<br /> fioreclose by notice and sale, and Lender will have the right to fioreclose by judicial toreclosure, in either case in
<br /> accardance witli 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 Trustee So 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 instrument shail contain, in addition 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 refierence) where tfiis Deed of Trust is recorded,'and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all 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 anci by applicabie law. This procedure for
<br /> substitution of Trustee shall govern to the exciusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deeof of Trust, including without limitation any notice of default
<br /> and any notice ofi sade shall be given in writing, and shall be effective when actuaify delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized ovemight courier, or, if
<br /> maiied, wnen deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. Aii copies of notices of foreclosure from the holder of
<br /> any Fien which has priority over this Deed of TrusY shail be sent to Lender's address, as shown near the 6eginning 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 the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agreas to keep Lender informed at alI times of Trustor's current adtlress. Unless
<br /> otherwise provided or required by Iaw, 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 firom Lender.
<br /> MISCELLAIVEOUS PROVISIONS_ The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in thi§ Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed ofi Trust. To be effective, any cf�ange or amendment to
<br /> this Deea ofi Trust must be in writing and must be signed by whoever wilf be bound or 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 tb be
<br /> used to interpret or define the provisions ofi this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this De2d of Trust with 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 he governed by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State ofi Nebraska witFiout regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender irn the State of Nebraska.
<br /> CFaoice of�fenue. If there �s a lawsuit, Trustor agrees upon Lender's eequest to submiY to the jurisdiction of the
<br /> couris of 1-Aa1l County, State of Nebrasica.
<br /> Joint and Several Liability. Al! obligations ofi Borrower and Trustor under tfiis Deed of Trust shall be joint and
<br /> several, anc3 all references to Trustor shall enean each and every Trustor,and alf refierences to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing beiow is responsibte fo�all obligations in this Deed
<br /> of TrusY.
<br /> No Waiver by Lender, Trustor understands Lender will not give up any of Lender's rights under this 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 other provisions of this Deed of Trust. Trustor also undersYands
<br /> that if Lender does consent to a request, that does nat mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands 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 fiuture requests. �
<br /> Trustor waives presentment,demand for payment, protest, and notice of dishonor,
<br /> Severabilrty. If a court fiinds that any provision of this Deed ofi Trust is not valid or should not be enforced, that
<br /> fact by itselfi will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court wilf
<br /> enforce the rest ofi the provisions of this 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 limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, rnay
<br /> deal with Trustor's successors with reference to this Deed Of Trust and the Indebtetlness by way of fiorbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essernce. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed off Trust hereby waive tl�.e right to any jury trial in any action, proceeding, or
<br /> counterclaim brought hy any part�r against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby reieases and waives all rights and benefits ofi the homesiead
<br /> exemption faws of the Sta4e of Nebraska as to all indebtedness secured by this Deed ofi Trust.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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