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201209932
<br /> DEED OF TRUST
<br /> Loan No: 70004734 (Continued) Page 6
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any ofi tne terms 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 extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time fior tne protection of its
<br /> interest or the e�nforcement 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 tne expenditure until repaid. Expenses covered by this paragrapn include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attomeys' fees and Lender's legal
<br /> expenses, whethe.r 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 aniicipated post-judgment
<br /> collec'Cion services, the cost of searcning records, obtaining title reports (induding foreclosure reports), surveyors'
<br /> reports, and appraisal fiees, title insurance, 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 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 fiollowing provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee�. ln addition to all powers of Trustee arising as a matter of law; Trustee shali have tne power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br /> prepa�ring and filing a map or plat of the Real Property, including the dedication of streets o� other ri�ghts to the
<br /> public; (b) join in granting any easement or creating any restriction ort ihe Real Property; and (c) join in any
<br /> subord�ination 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 Trus'tee under applicable law. In addition.to the rignts
<br /> and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender w�ill nave the right to foreclose by judicial fotedosu.re, in eiYner case in
<br /> accordance with and to the full e�ctent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may f�om time to time appoint a successor Trustee to a:ny Trustee
<br /> appointed under this Deed of Trust by an instrument executed anB acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The insvument shall 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 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 acknowledged by all tne 6eneficiaries 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 Yhis Deed of Trust a:nd by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all oYher 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 wnen actually delivered, when actually reeeived
<br /> by telefacsimile {unless otherwise requiretl by law), whert deposited with a nationally re�cognized ovemight courier, or, if
<br /> mailed, wnen deposited in the United STates mail, as first class, certified or registered mail postage pre�paid, directed to
<br /> tfie addresses shown near the beginning of this Deed ofi Trust. All copies of notices of foreclosure 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 ofi
<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 tne notice is to change the person's
<br /> address. For notice purposes,Trustor agrees io keep Lender informed at all times of Trustor's current address. 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 responsibili2y to tell the others of the notice from Lender.
<br /> MISCELLAN£OUS PROVISIONS. The followi.ng miscellaneous provisions are a parY of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor`s entire agreement
<br /> with Lender conceming the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound ot 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 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 Trust will be governed 6y federal law applicable to Lender and, to the extent not
<br /> preempted by federat law,the laws of 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 thete is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of ihe
<br /> courts of Hall County, State ofi Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall. be joint and several, and all
<br /> references io Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in.this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under tnis 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 tnat 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 understands
<br /> that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lende�consents to one or more
<br /> of TrustoPs 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 ofi dishonor.
<br /> Severebility. If a court finds that any provision of this Deed of Trust is noi valid or should not be enforced, that
<br /> fiact by itself will not mean that the rest of this Deed ofi Trust will not be valid or enforced. Therefore, a court will
<br /> enforce the rest of the provisions of this Deed ofi Ttust 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 Yhis Deed of Trust on transfer of Trustor's interest,
<br /> this Deed ofi 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 othet than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance�or
<br /> eMension without releasing Trustor from the obligations of this Deed of Trust or liability under tMe Indebtedness.
<br /> Time is of the Essence. Time is of ttie essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding,or
<br /> counterclaim brought by any party againsY any other party.
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