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201210698
<br /> DEED OF TRUST
<br /> Loan No: 81000934 (COntlnu2d) Page 6
<br /> interest or the enforcement of its rights shall tiecome a part of the Indebtedness payable on demand and shall bear
<br /> iMerest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without IimiYation,however subject to any Iimits under applica6le law,Lender's attotneys'fees and Lender's Iegal
<br /> expenses, whether or not there is a lawsuit, including attorneys° fees and expenses for bankruptcy proceedings
<br /> Cncluding efforts to modify or vacate any automatic stay or injunctioN,appeals,and any aMicipated posPjudgment
<br /> collection services,the wst of searching records,obtaining title reports (including foreclosure reports),surveyors'
<br /> reports, and appraisal fees,title insurance, and fees for the Trustee, to the eMent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Rights of TrustOe. Trustee shall have all af 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 obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power m
<br /> take the following actions with 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, including the dedication of streets or othe�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 /> su6ordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trusi.
<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 fo�eclosure,in either case in
<br /> accordance with 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 recortler of Hall County. State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustot, the hook and page (or
<br /> computer system referencel 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 tiy 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 conferretl upon the Trustee in this Deed of Trust and by applicable law. This procedu:re for
<br /> substitution of Trustee shall govern to the exclusion of all other 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 when actually delivered,when actually received
<br /> 6y telefacsimile(unless otherwise required by lawl,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 of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over tliis Deed of Trust 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�otices 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 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 notice
<br /> given to al!Trustors.
<br /> MISCELLANEOUS PROVISION$. The following miscellaneous provisions are a part af this Deed of Trust:
<br /> AmendmeMs. This Deed of 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 amendment to this
<br /> Deed of Trust shall be effective 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 residence, Trustor shall fumish to
<br /> Lender, upon request,a certified statement of net operatirtg income received from the Property during Trustor's
<br /> previous fiiscal year in such form and deiail as Lender shall require. "Net operating income"shall mean all cash
<br /> receipts from the Property less all eash 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 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 law,the laws of the SYate of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lenderin the State of Nebraska.
<br /> Choice of Venue. Ifi there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<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 operete as a waiver oi such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Deed of Trusi. 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 canstitute continui�g consent to subsequern instances where
<br /> such consent is required and in all cases such consent may be granted or wifhheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of 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 /> ownership of the Proper[y hecomes vested in a person other than Trustor,LendeY,without notice to Trustor,may
<br /> deal with Trustor's successors with refierence to this Deed of Trust and the Indebted�ess by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indetitetlness.
<br /> Time is of the Essence. Time is of the 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
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