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201210678
<br /> DEED OF TRUST
<br /> Loan No: 87001791 (Contlnued) Page 6
<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. ff Lender institutes any suit or action to enfiorce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as ihe court m�ay adjudge reasonable as attomeys' fees at trial
<br /> and upon any appeal. Whether o� 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 for the proXection ofi its
<br /> interest or the enforcement of its rights shall 6ecome a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date ofi the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunctioN, appeals, and any anticipated postyudgment -
<br /> collection services, the cost of sea,rching records, obtaining title �eports (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 all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have al�l of the rights and duties of Lender as set forth in tnis section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br /> are part of ihis Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee snall have the powe�to
<br /> take the following actions with respect to the Property upon the writien request of Lender and Trustor: (a)join in
<br /> prepating and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement ot creating 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 of Trust.
<br /> Trustee_ Trustee shall meet all qualifications required fior 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 snall have the right to
<br /> foredose by notice and sale, a.nd Lender shall have the right to fioreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Suocessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under tnis Deed of Trust by an instrument executed and acknowledged 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 tequired 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, a.nd the name and address of the successor
<br /> trustee, and the instrument shall 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 tne
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all otner 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 efifective wnen actually delivered, when actually received
<br /> by telefacsimile (unless otnerwise 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, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed ofi Trust. All copies of notices of foreclosure from the ti.older of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown ne.ar 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 otl'ier parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise 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 noti.ce
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS�. Tne foJlowing misceilaneous provisions are a part of tnis Deed of Trust:
<br /> Amendments. This Deed ofi Trust,together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or arnendment to this
<br /> Deed ofi Trust shall be efifective unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's �esidence, Ttustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all 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 6e no merger of the interest or estate created by this Deed of Trust wiYh 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 by federal law applicable to Lender and, to the extent not
<br /> preempted by federal Iaw,the taws 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 there is a Iawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State of Ne6raska.
<br /> Joint arid Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustoi signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not ptejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision ofi this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute continui:ng consent to subsequent instances where
<br /> such consent is requiretl and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability_ Ifi a court of competent jurisdiction finds any provision ofi this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as io any person or ci�cumstance, that finding shall not make the ofifending provision illegal, invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible, tne offending provision shall be considered
<br /> modified so that it becomes legal, valid and enforceable. I#the offending provision cannot be so modified, it shall
<br /> be considered deleted from this Deed ofi Trust. Unless otherwise required by law, the illegaliiy, invalidity, or
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