|
201209204
<br /> DEED OF TRIJST
<br /> Loan IVo: 8'1001354 (Continued) Page 6
<br /> Attorneys' Fees; Expenses. If Lende:r institutes any suit or action to enfiorce any ofi the terms ofi tnis Deed of
<br /> TrusY, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whetner 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 ihe expenditure uMil repaid. Expenses covered by this paragraph indude,
<br /> without limitation, however subject to any li.mits under applicable law, Lender's attorneys' fiees and Lender's legal
<br /> � expenses, whether or not there is a iawsuit: including attorneys' fees and expenses for banicruptcy proceedings
<br /> (including effor�s zo modify or vacate any automatic siay or injunction), appeals, and any anticipated pos:judgment
<br /> collection services, the cost ofi searcf�ing records, obtaining title reports (including fiorecfosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appflcable law.
<br /> Trustor also will pay any court costs, in add.ition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shali have ail 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 ofi this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers ofi TruStee arising as a matter ofi law,Trustee shall have the power to
<br /> take the following actions with respect to tne Property upon the written request of Lender and Trustor: (a)join ir.
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to ihe
<br /> public; ib) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or otner agreement affecting this Deed of Trust or the inYerest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required fior Trustee under appticable law. In addition to the rights
<br /> and remedies set forth above, with respect io all or any part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender shall have the right to foreclose by judiciai 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 io 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 ofi the recorder of Hall County, State of Nebraska. Tne instrument shall contain, i�n 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 reference) where this Deed of Trust is recorded, and the name a.nd address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all tne beneficiaries under this Deed of Trust or
<br /> thei� successors in interest. The successor trustee., without conveyance of tti.e Property, shall succeed to ai! the
<br /> title, power, and duties conferred upon the TrusYee in this Deed of Trust and by applicable iaw. This procedure for
<br /> substitution of Trustee s:hall govern to the exclusion of all.other provisions for substitution.
<br /> NOTICES. Any notEce required to be given under tnis Deed off Trust, including without limitation any notice of default
<br /> and any noiice of saie sha❑ be given in writing, and shall be effective when actuaily delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationapy 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 /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the hoider of
<br /> any lien which has priority over this Deed of 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 notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpose of 'tne notice is to change the party's address. For notice
<br /> purposes, Trustor 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 Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The foilowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents, constiiutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or arnendment to this
<br /> Deed of Trust shall be effective unless give:n 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 tnan Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received firom the Property during Trustor's
<br /> previous fiscal year in such fiorm and detail as Lender shail require. "Net operating income" shall mean ail cash
<br /> receipts from the Property less all cash expenditures made in connection witn tne 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 ofi this Deed of Trust.
<br /> Merger. There shall be no merger of the interesi or estate created by this Deed ofi Trust with any other interest or
<br /> estate on 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"f'rust will be governed by fetleral law applecable to Lender and, to the extent not
<br /> �oreempted by ffederal law,the laws of the State of Nebras�.ka without regard 4o 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 ag�ees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall Gounty, State of Nebraska.
<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 /> shall operaTe as a waiver of s:uch rignt 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 Le�nder and Trustor, sha0 constitute a waiver of any of Lender's rights or of any of Trustor°s obFigatio�ns
<br /> as to any fvture transactions_ Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute contirtuing conse�nt to subsequent instances where
<br /> such consent is required and in all cases such consent may be gra.nted or withheld in the soie discretion of Lender.
<br /> Sevarability_ If a court of competent j�urisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. ff feasible, the offending provision shall be considered modifiied so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability ofi any provision of this Deed of Trust shall not affect the legality; validity or enforceab.ility of any
<br /> o�ther provision of this Deed ofi Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of TrusY shaLl be binding upon and inure te 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, may
<br /> deal witn Trustor's successors witF� reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />
|