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� 201209915
<br /> DEED OF TRUST
<br /> Loan No: 'I73051732 (Continued) Page 6
<br /> Attorneys' Pees; Expenses. If Lender institutes any suiY or action to enforce any of the 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 extern not prohibited by law, all
<br /> reasonabie exNenses Lender incurs that in Lender's opinior, are necessary at any time io!the protection of its
<br /> interest or the enfiorcement of iis rights shall become a part of the Indebtedness paya6le on demand and shall 6ear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph indude,
<br /> without limitation,however subject to any limits under applicable law,Lender's attomeys'fees and Lender`s legal
<br /> expenses, whether or not there is a la�vsuii, including attorneys' fees and expenses for bankruptcy proceedinc�s
<br /> linduding efforts to modify or vacate any automatic stay or injunctionl,appeals,and any anticipated posT-judgment
<br /> collection services,the cost of searehing records,obtaining title reports lincluding foredosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance,and fees for the Trustee, to the ex2ent permitted by appiicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of Tmstee. Trustee shall have all 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 o6ligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addiCion to all powers of TrusTee arising as a matter of favo,Trustee shali have the power to
<br /> take the following actions with respect to the Property upon tF�e wri�tten req,uest of Lender and Trustor: ia}join in
<br /> preparing and filing a map or plat of the Real Property, including Uie dedication of 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 /> su6o�rdination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Tr�stee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to aIl or any part of the Property,the Trustee shall have the right to
<br /> ioreclose by notice and sale, and Lender will have the right to foteclose by judicial foreclosure, in either case in
<br /> accordance wiih and to the full extent provided by applicable law. �
<br /> Successor Trustee. Lender,at Lender's option,may from time to Yime appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged 6y Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebrasl<a. The instrume�t shall contain, in addition#o all other
<br /> matters Fequired by state law, the names of the original Lender, Trustee, and Trustor, the 5oolc and page (o�
<br /> computer system referencel where this Deed of Trust is recorded, and the name and address of The successor
<br /> trustee,and the instrumenY shall be executed and acknowledged by all the beneficiaries under this Deed of Trust ot
<br /> their,uccessors in inte;est. 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 and py applicable law. This procedure fior
<br /> substitution of Trustee shall govern to the exdusion of all other provisions for substitution.
<br /> NOTICES. Any notice requiretl to be given under this Deed of Trust,including�niithout limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shail be effective when ac[ually delivered;�vhen actually received
<br /> bY telefacsimile(unless otherwise required by Iaw1,when deposited with a nationally recognized ovemight co�rier,or,if
<br /> mailed,whe�deposited in the United States mail,as first class,cer#ified 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 sho�vn near the beginning of
<br /> this Deed of Trusi. Any person may change his or her address for notices und�er this Deed of Trust by giving formal
<br /> written notice to the other person or persons, saecifying that the purpose of the notice is to change the person's
<br /> �ddress. For notice purooses,Trustor agrees to I<eep Lender informed at all fimes of Trustor's curcent address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor,any notice given by Le�der to any Trustor is
<br /> deemed co 6e notice given to all Trustors. !t will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROV1SfONS. The following miscellaneous provisions are a part of tnis 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�co�ncerning the matters covered by[his 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 6ound 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 to be
<br /> used to interpret or define#he 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 ihe written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extertt not
<br /> preempted 6y federal law,the laws of the State of Nebraslca without regard to its conflicts of I�aw provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraslta.
<br /> Choice of Venue. If there is a la�vsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraslca.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joi�t and several, and all
<br /> references to Trustor shall mean each and eve�y Trustor. This means thai each Trustor signing below is
<br /> responsible for all ohligations in this Deetl of Trust.
<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 wriiing. The fact that Lender delays or omits to exe�cise any right wiil not mean that
<br /> Lender has given up thai right. If�ender 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 tb a request,that does not mean that TrusYor will not have to get Lender's consent
<br /> again if the siwation happens again. Trustor further undersiands 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 future requests.
<br /> Trustor waives presentment,demand for payment;protest,and notice of dishonor. .
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable. .
<br /> Successors and Assigns. Subject to any limitations stated in ihis�eed oP 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 /> om�nership of the Property becomes vested in a person other than Trustor, Lender,�vithout notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and Che Indebiedness 6y way of forbearance or
<br /> extension withoui releasing Trustor from the obligations of this Deed of Trust or lia6ility under the Inde6tedness.
<br /> Time is af the Essence. Time is or the essence in the performance of ihis Deed of Trust.
<br /> Waive Jury. All parties to this Deed ofi Trust hereby waive the right to any jury trial in any acTion,proceeding,or
<br /> counterciaim brought by any party against any other party.
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