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201209697
<br /> DEED OF TRUST
<br /> Loan No: 10004668 (Continlaed) Page 6
<br /> Lender,is intended to be exclusive of any other remedy in this Deed of Trust or 6y law provided or permitted,but
<br /> each shall be cumulafive and shall be in addiYion 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 6y 2he Note or any of the Related
<br /> DocumenYs to Trustee or Lender or to which either of them may be ocherwise 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 from seeking a deficiency judgment against the Trustor to the extent such action is permittetl by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies wilB be cumulative and may be exercised alone or
<br /> together. If Lender decides to spend money or�to perform any of Trustor's obiigations under this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender will not affect Lender's right to dedare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of 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 ofi this�eed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terrns of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the e�ent not prohibited by law, all
<br /> reasonable expenses Lender i�curs that in Lenders opinion are necessary at any time for the protectio� 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 from the date of the expenditure untii repaid. Expenses covered by this paregraph include,
<br /> without limitation,however subject to a�y limits under applicable law,Lender's attorneys'fees and Lender's legai
<br /> expenses, whether or not there is a lawsuit, incfudinc�attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automaYic stay or injunctionl,appeals,and any anticipa�ed postyudgment
<br /> collection services;the cost of searching records,obtainirg title reports(including ioreciosure reportsJ,surveyors'
<br /> reports, and appraisal fees,title i�surance, and fees for the Trustee,to the extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums pFovided by law.
<br /> R9ghts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TftUSTEE. 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 filing a map or plat of the Real Property, induding the dedicatio�of streets or other rights to the
<br /> pu6lic; (b7 join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination ot other agreement affecting this Deed of Trust or the interesY of Lender under this�7eed of Trust.
<br /> Trustee. Trustee shall meet all quafifications required for Trustee under applicable law. In addirion to the rights
<br /> and remedies set forth above,with respect to all or any part of the Prope:Yy,the Trustee shall have the right to
<br /> foredose by notice and sale, and Lender wiil 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 /> Successoe 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 ins[rument executed and acknowledgetl by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required 6y state law, the names of the original Lender, Trustee, and Trustor, the book and page lor
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and ackncwledged by all the beneficiaries under this Deed of Trust or
<br /> tfieir successors in interest. The successor trustee,without conveyance of the Property,shall succeed m all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> subsiiTution of Trustee shall govem to the exciusion of all other provi�sions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed o#Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective wher actually delivered,wnen actualiy received
<br /> by telefiacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> malled,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the atldresses shown near fhe beginning of this Deed of Trus:. All copies of noUces cf foredosure from the holder of
<br /> any lien which has priority over this Deed of Ttust shall be sent to Lentler's address, as shown near the 6eginning of
<br /> this Deed of Trust. Any person may change liis or her address for notices under this Deed of Trust 6y giving formal
<br /> written notice to the other person or persons, specifying Chat the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informetl at all times of Trustor's current address. Unless
<br /> otnerwise provided or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is
<br /> deemed to be notice given to alf Trustors. It wilf be Trustor's responsiLiility to 2ell the others of the notice#rom Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscell�aneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this�Deed ot Trusi and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective,any chan�e or amendment to
<br /> this Deed of Trust musi be in writing and must be signed by whoever will be bound or otiligated by the change or
<br /> amendment: .
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to 6e
<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 benefiY of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trusf will he governed by federal law applicable to Lendee and;to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its con#lic`.s af iaw provisioras. This
<br /> Deed ofi Trust has bee�accepted by Lender in the State�of Nebraska.
<br /> Choice of Venue. If Yhere is a laws�it,Trustor agrees upon Lender's request to submit to the jurisdictio�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 jolnt 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 m�.eans that each Trustor signing below is responsibte for all obligations in this Deed
<br /> of Trust.
<br /> No Waiver 4y 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,ihat does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor aiso understands
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