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201210553
<br /> DEED OF TFiUST
<br /> Loan No= 10004825 (Con$ItlueCl) Page 6
<br /> Lender, is intended to be exclusive o'F any other remedy in this Deed of Trust or by law provi�ded or permitted, but
<br /> each shall be cumulative and shall be in addition to every other remedy given ln 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 /> Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrencly or independently, firom time to time and as ofieen as may be deemed expedient by Trustee or Lender,
<br /> and either ofi them may pursue inconsistent remedies�. Nothing in this Deed of Trust shall be consYrued as
<br /> prohibiting Lencier from seel<ing a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All ofi Lender's rights and remedies will be cumulatPve and may be exercised afone or
<br /> together. If Lender decides to spend money or to perfo�m any of Trustor's obllgations unde.r this Deed of Trust,
<br /> after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in defauit
<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 tne addresses set fiorth in the first
<br /> paragraph of this Deed of Trust. .
<br /> Attorneys' Fees; Expenses_ I�F Lender institutes any suit or action to enfiorce any ofi the terms oT this Deed of
<br /> Trusr, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fiees at trial
<br /> and upon any appeal. Whether or not any court actio�n is involved, and fo the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opi�nion are necessary at any time fior the protection of its
<br /> interest or the enforcement of its rights shall become a part of the indebtedness payabie on demand and shall bear
<br /> interest ai the Note rate firom tihe date of the expenditure unYii repaid. Expenses covered by this p9ragraph indude,
<br /> without limitation, however subject to any fimits under applicable law, Lender's attomeys' fees and Lender`s legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for 5ankruptcy p.roceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br /> collecxion services, the cost of searohing records, obtaining title reports (including foredosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to tne extent permitted by a�plicable law.
<br /> Trustor also will pay any cour[costs, i�n addition to aIi other sums provided by law.
<br /> Rights of Trustee. Trustee snall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND O$LIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers�ofi Trustee. In addition to aII powers of Trustee arising as a matter ofi law,Trustee shall have the power to
<br /> tal<e the following actions wifh 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 tne dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or ereating any restrictian on the Real Property; and (cj join in any
<br /> subordina:ion or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust..
<br /> Trustee. Trustee shali meet ali qualifi.cations required for T�ustee under applicable law. In addition'to�Yhe righis
<br /> and remedie.s set forth above, with respect to ali or any part ofi the Properiy, the Trustee snall have the right to
<br /> foreclose by noiice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to th�full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to �ny Trustee
<br /> appoinied under this Deed of Trust by an instrument exe.cuted and ad<nowiedged by Lender and recorded in 2he
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addiiion to all other
<br /> matters required 6y state law, the names ofi ihe 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 ofi the successor
<br /> trustee, and the instrument shall be executed and acl<nowledged by all the benefi.ciaries under tfiis Deed of Trust or
<br /> their successors in interest. The suc.cessor trustee, without conveyance of the Property, shall succeed to ali the
<br /> title, power, and d�uties conferred upon the Trustee in this Deed of Trust and by applicable law. This proceciure fior
<br /> substitution of Trustee shall govern to the exdusion of all other provisions for substitution. �
<br /> NOTICES. Any notice required to be given untler this Deed of Trust, including v,rithout limitation any notice of default
<br /> and any notice of sale shaii be given in writing, and shall be effective when actuaily delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationaily recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered maii postage prepaid, directed to
<br /> the addresses snown near the beginning of ihis Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien wnich nas 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 person may change his or he�r address for notices under this Deed of Trust by giving formal
<br /> written notice to tne other person or persons, specifying that the purpose of the notice is to chenge the person's
<br /> address. For notice purposes,Trustor agrees to Iceep Lender informed at a!!tiimes of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trusto�r is
<br /> deemed to be notice given to all Trustors. it will be Trustor's responsibility to tell the others ofi the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this D�eed of Trust and in Yhe Related Documents is Trustor`s entire agreement
<br /> with Lender concerning ihe matters covered by this Deed of Trust. To be effective, any cha:nge or amendment fo
<br /> this Deed of Trust must be in writing a:nd musi be signed by whoever will be bound or oblig:ated by the cl�ange 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 tnis 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 tne written consent
<br /> . of Lender.
<br /> G�ovemeng Law_ This Deecl�of Trust will be governed by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law.the laws o'f the SYaYe ofi Ne6raslca without regard to its con€licts ot law provisions_ lfhis
<br /> Deed of Trust has been accep�4ec1 by Lender in 4he State ofi Nebraska.
<br /> Choice of Venue. If there is a fawsuit, Trustor agrees upon Lender's request to submit to tihe jurisdiction of the
<br /> courts of Hall County, State of NebrasRa.
<br /> Joint and Several Liability. All obtigations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several, and ail references to Trustor shall mean each and every Trustor, and all referen:ces to Borrower shall mean
<br /> each and every Borrowe:r. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> 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 writing. The fact that Lender delays or omits to exercise any right wi41 not mean that
<br /> Lender has giver� up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br /> mean Trustor will not n�ave to compiy with the other provisions of tnis Deed of Trust Trustor also understands
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