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201210846
<br /> DEED OF TRUST
<br /> Loan No: 81001866 (Continuetl� Page&
<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 involved, and to the eutent 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 enforcement of its rights shall become a part of the Indebtedness payahle on demand and shali 6ear
<br /> interesi at the Note rate from the date of the expenditure until repaid. Expenses covered 6y 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 attorneys'fees and expenses for bankruptcy proceedings
<br /> (including efforts 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 reportsl,surveyors'
<br /> reports, and appraisal fees, titie insurance, and fees for the TrusYee, to the eMent permitted by applicable law.
<br /> Trustor also will pay any court costs,in addi#ion to all other sums provided 6y law.
<br /> Rights of Trustee. Trustee shall have all of tlie rights and duties of Lender as set forth in tFiis section.
<br /> POWERS AND OBLIGATIOiVS OF TRUSTEE. The following provisions relating to the powers and obliga±ions 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 to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. (a1 join in
<br /> preparing and filing a map or plat of the Real Property,including the dedicatior,of streets or other righits to the
<br /> public; (b)join in granting any easement or creating any restric2ion on the Real Property; and (c) joir in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shail meet all 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 io foreclose by judicial foreclosure,in eiiher case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may frem time to time appoint a successor TrusYee to any Trustee
<br /> appointed under this Deetl o#Trust by�an instrument executed and acknowledged by Lender and recorded in the
<br /> office of[he recorder of HALL County, State of IVebraska. The instrument shall contain, in addition to all other
<br /> ma'tters required by state law, the names of the orig;nai Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recordetl, and 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 i�interest. The successor trustee, without conveyance of the Property, shall succeed to ail the
<br /> title,power,ard duties conferred upon the Trustee in this Deed o#TYust and bv applicable law.. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for subsritutlon..
<br /> NOTICES. Any noYice required to be given under this Deed of TrusY,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actualiy delivered,when 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 ihe 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 this Deed of Trust shall be sent to Lender`s adtlress, as shown near the 6eginning of
<br /> this Deed of Trust. Any party may change its address for notices untler this Deed of Trust 6y 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 rimes of Trustor's current address. Unless othervvise provided
<br /> or required by law,if there is more than one Trustor,any notice given by Lentler to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISfONS. The folfowing miscellaneous provisions are a part o#this Deed of Trust:
<br /> Amendments. 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 alYeration 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 furnish to
<br /> Lender, upon request, a certified statement of net operating lncome received from the Proper[y during Trustot's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean afl cash
<br /> receipts from the Property less all cash expenditures made in connection with the operation of the Properiy.
<br /> Caption Headings_ Caption headings in tFiis 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 6enefii 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 State of Nebraska withouT regard to its conflicts of faw provisions. This
<br /> Deed of Trust has been accepted by Lender in the StaYe of Ne6rasica.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request Yo submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> No Waiver by Lender: Lender shall not 6e deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is gi�en in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shail operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shail not prejudice or constitute a waiver of Lender`s right otherwise to demand strict compliance with that
<br /> provision or a�y 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 io 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 continuing consent to subsequent ins2ances 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 8ny circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provisio�shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it sfiall be
<br /> considered deleted from this Deed of Trusi. 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
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