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201210844
<br /> DEED OF TRlJST
<br /> Loan lVo: 127 (Continued) Page 6
<br /> make expenditures or to iake action[o perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> faifure to perform,shali not affect Lender's right to tleclare a default and exercise its 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 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 of
<br /> Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys'fees at trial
<br /> and upon any appeal. Whether or not any court action is i�volved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incu�s that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall become a part of 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 pa�agraph 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 attorneys' fees and expenses for bankruptcy proceadings
<br /> (including efforts to modify or vacate any aummatic stay or injunction),appeals,and any anticipated post-�udgment
<br /> collection services,the cost oi 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 applica6le 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 all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisioos relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all pQ�vers of Trustee arisi�g as a mattet of law,Trustee shall have the power to
<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 other rights to the
<br /> public; (b) join in granting any easement or creating any restriction on the Real Property; and (c)joirt in any
<br /> subordination or other agreement affecting this Deed of Trust ot the interest of Lender under this Deed ofi Trust.
<br /> Trustee. Trustee shall meet all qualifications requited for Trustee under applicabie 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 tfie right to
<br /> foreclose by notice and sale, and Lender shall have the ri.ght to foreclose by judicial foreclosure,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 recorder of HALL Counry, State of Nebraska. The instrument shatl contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the boak and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,a�d the insVument shall be executed and acknowledged by all the 6eneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to aii the
<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 other provisions for sutistitution.
<br /> NOTICES. Any notice required to tie given under this�eed ofi Trust,including without limitation any notice of de#ault
<br /> and any notice of sale shall be given in writing,and shall 6e effective when�actually delivered,wner actually received
<br /> 6y 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,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 forecbsure�rom the holder of
<br /> any lien which has priority over tYtiis Deed of Trust shall 6e 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 ihe 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 co any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following misceilaneous provisions are a part ot this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Relatetl 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 /> Daed 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 alterafion or amendment.
<br /> Aevival Reports. If the Property is used for purposes other than Trustors residence, Trustor 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 sha!I require. "Net operating income" shall mean all cash
<br /> receipts irom the Froperty less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headings in this �eed 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 wfth any other interest or
<br /> estate in the P�operty at any time held by or for the benefit of�ender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust wilt be governed by federel law applica6le to Lender and,to the extent not
<br /> preempted by federal Iaw,the laws of the State of Nebraska without regard to its conflic4s 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 lawsuit,Trustor agrees upon LentJer's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebrasl<a.
<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 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 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 insYance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld 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 shaii not make the offending provision i�llegal, invalid, or
<br /> unenforceatil�e 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 iliegality, invalidity, or
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