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201210945
<br /> DEED OF TRUST
<br /> Loan No: 87001753 (ContlnuBd) Page 6
<br /> concurrently or independently, from time to ti�me and as often as may be deemed expedient by Trustee or Lender,
<br /> and either ofi them may pursue inconsistent rem.edies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency jvdgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exd:ude pursuit of any otner remedy, and an election to
<br /> make expenditures or to take action to perform a�n obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform,snall not affect Lender's right io dedare 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 Defiauft
<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 fiirst
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; F�cpenses. 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 reasonabie as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not prohi.bited by law, atl
<br /> reasonable expenses Lender incurs that in Lender's opinion aYe necessary at any time for the protection ofi its
<br /> interest or the enfiotcement of its rights shall become a part ofi the Indebtedness payabie on demand and shall bear
<br /> interest at the Note rate firom the date ofi the expenditure until repaid. Expenses covered 6y this paragraph include,
<br /> without limitation, however subject to any limits under applicable law, LendeYs attorneys° fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including aYtorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction),a�ppeals,and any anticipated post-judgment
<br /> collection services, the cost 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 wiii pay any co�urt 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 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 ofi Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the foliowing actions with respe.ct to the Property upon the written request of Lender and Trustor, (a)join in
<br /> preparing a��nd filing a map or plat of the Real Property, including tne dedication of sveets or other Nghts io the
<br /> pubtic; (b) join in granting any easement or 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 ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shail meet a41 qualifications required for Trustee under applicable law. In addition to the rignts
<br /> and remedies set fiorth above, with respec't to all or any part�of the Property, the Trustee shall have the rignt to
<br /> foreclose by notice and sale, and Lender shall nave the right to foreclose by judicial fioreclosure, in either case in
<br /> accordance with and to the fiull exient provided by applicable law.
<br /> Successor Trustee. Lender, at Lender's option, may firom 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 tne
<br /> office ofi tne recorder 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 Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instntment 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 the
<br /> title, power, and duties conferred upon the Trustee in this Deed o'f Trust and by appiicable law. Tnis procedure for
<br /> substitution of Ttustee shall govern to tne exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, induding without fimitation any notice of defiault
<br /> and any notice of sale shall be given in writing, and shall be effective when actually defivered, 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 of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed ofi Trust shall be sent to Lender's address, as shown near the beginning of
<br /> th�is Deed ofi Trust. Any parYy may change its address for notices unde� tnis Deed of Trust by giving formal written
<br /> notice to the other parties, specifyi�ng 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 oiherwise 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 ali Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendre�ents. 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 a�mendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shaii furnish to
<br /> Lender, upon request, a certifiied statement of net operating i.ncome 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 aIl cash expenditures made in connection with the operation of the Property.
<br /> Caption H�eadings. Caption headings in this Deed of Trust are for convenience purposes oniy 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 the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by fiederal law applicable to Lender and, to the extent not
<br /> preempted by fiede�al law.the laws 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 lawsuit, Trustor agrees upon Lender's request to submit to the jutisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and 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 Trustor 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 righY. 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 o2her 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 ofi 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 graniing
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