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201209604
<br /> DEED OF TRUST
<br /> Loan No:51001627 (Continued) Page 6
<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 Yhey or
<br /> either of them may in their absolute discretion determine. No remedy conferted upon or reserved to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in this Deed ofi Trust or by law provided or permitted,but
<br /> each shall be cumulative aod 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 the Note or any ofi the Retated
<br /> Documents to Trustee or Lender or to which either of them may be otherwise entitied, may be exercised,
<br /> concurrently or independently,from time to time and as often as may be deemetl 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 from seeking a deficiency judgment against the Trustor io the extent such action is pePmitted by
<br /> law. Election by Lentler to pursue any remedy shall not exdude pursuit of any other remedy,and an election to
<br /> make expendifures or to take acTion to perform an obligation of Trustor under this Deetl of Trust,after Trustor's
<br /> failure to perform,shall not affect Lender's right to dedare a default and exercise its remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor antl Lender,hereby requests that a copy of any Notice of Deiault
<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 this Deed of Trust:
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit o�action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as the wurt may adjudge reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or noY any court action is involved, and to the extent not prohibited by law; all
<br /> reasonable expenses Lender incurs that in Lender's apinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of the lndebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expentliture until repaid. Fxpenses covered by this paragraph include,
<br /> wiihout limitation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal
<br /> expenses,whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �including efforts to modify or vacate any automatic stay or injunctionl,appeals,and any anYicipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal fees; title insurence,and fees for the Trustee,to the extent permitted 6y applica6le law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of TrusYee. Trustee shall have all of che 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 addition 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 tFie Properiy upon the written request of Lender and Trustor. �a)join in
<br /> preparing and filing a map or plat of the Real Property, induding the dedication of streets or othet rights to the
<br /> pu6lic; (ti) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordinatio�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 Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respeci to all or any part of the Property,the Trustee shall have the right to
<br /> foreclose 6y notice and sale,and Lender shall 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 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 recorde�of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lentler, Trustee,. and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trusiee,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 trustiee,without conveyance of the Properry,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 shal.l govern to the exclusion of all other provisions for su6stitution.
<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 defivered,when actually received
<br /> tiy 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 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 foredosure from the holder 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 wYitten
<br /> notice to the other parties, specifying that the purpose of the notice is to cfiange the party's address. For notice
<br /> purposes,Trustor agrees to keep Lenderinformed at alltimes 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 Ttustors.
<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 entiire understanding and
<br /> agreement of the parties as to the matters set forth 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 fumish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income"shall mean all cash
<br /> receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in tBis 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 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 Tmst will be govemed by federal law applicable ta Lender and,to the exteM not
<br /> preempted by tederal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Ttust has been accepted by Lender in the State ot Nebraska.
<br /> Choece 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 Several Liability. All obligations of Borrower and Trustor under this 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. Where any one or more of the parties is a corporatian, partnetship,limited liability company or similar
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