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201210369
<br /> DEED OF TRUST
<br /> Loan No= 8'100'9726 (ColltitlUed) 1'age 6
<br /> either of them may in their absolute discretion determine. No remedy confe�red upon or reserved to Trustee or
<br /> Lender, is intended to be exdusive of any other remedy in this Deed of Trust or by law provided or pe�rmitted, but
<br /> each shall be cumulative and shall be in addition to every other eemedy given Pn 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 of the Related
<br /> Doeuments to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedi.ent by Trustee or Lender,.
<br /> and either of them may pursue inconsis2ent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to 2he extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed ofi 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 and Lender, hereby requests tha'C a copy of any Notice of Default
<br /> and a copy of any Notice of Sale under this 4eed 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 or action to enforce any of the terms of this Deed ofi -
<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 appeat�. Whether or not any court action is involved, and to the exYent 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 enfiorcement of its rignts shalF become a part ofi the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. ExpenSes covered by this paragraph include,
<br /> without limitation, however�subject to any limits under applicable law, LendePs 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 effoets to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, 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 ali other sums provided by law.
<br /> Rights of Trustee. Trustee shali have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE The follow�ing 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 arisi�ng-as a rnatter of law,Trustee shall have the power to
<br /> iake the following actions with respect to the Property u.pon the written reques[of Lender and Trustor: (a) join in
<br /> preparing and filing a map or plat of tne Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or crsating any restriction on the Real Property; and (c)� join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed ofi Trust.
<br /> Trustee. Trustee shall meet alI qualifications required for Trustee under applicable law. In addition to the rights
<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 shall have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance wiYh 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 recorder of HALL County, State ofi Nebraska. The instrument shall contain, in addition to all other
<br /> matters requlred by state law, the names ofi 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 shail be executed and acknowledged by all the beneficiaries 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 this Deed of TrusY and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for su�bstitution.
<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 delivered, when actually rece�ived
<br /> by 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, ceriified or registered mail postage prepaid,. directed to
<br /> Yhe addresses shown near the beginning of this Deed of Trust. All copies of notices ofi foreclosure from the holder of
<br /> any lien which has priority over this Deed of T�ust 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 the notice is to change the party's address. For notice
<br /> purposes, TrusTor agrees to keep Lende:r informed at all times of Trustor's current address. Unless otnerwise 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 following misceltaneous provisions are�..a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement of tne parties as to the ma2ters set forth in this Deed of Trust. No alteration ofi or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sougnt to be cnarged 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 furnish to
<br /> Lender, upon request, a certifiied statement of net operating income received from the Property during Trustor's
<br /> previous ffscal year in. such forrn and detail as Lender shall require.. "Net operating income" shall mean alI 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 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 6y or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender:
<br /> Governing Law_ This Deed of Ttust will be� governed by federal law applicable to Lender and, to the extent not
<br /> preempted by federat law,the laws of the State of Nebraska 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 af Venue. If there is a IawsuiY, Trustor agrees upon LendePs request to submit to the jurisdiction ofi the
<br /> courts of Hall County, State ofi 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 snall mean each and every Trustor, and all references to Borrower shall mean
<br /> eacn and every Borrower, This means that each Trustor signing below is responsible for all obligations in.tnis Deed
<br /> of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights und�er this Deed of Trust unless sucn
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