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201211011
<br /> DEED OF TF�l9ST
<br /> Loan No= 81002047 (COf2tinued) Page 6
<br /> prohibiting Lender firom seeking a defiiciency judgmenY against the TrusYor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, aftet Trustor's
<br /> failure to perform, shalt not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Notice. Trustor, on behalf ofi Trustor and Lender, hereby requests that a copy of any Notice of Defauit
<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 ofi
<br /> Trusi, Lender shall be entitied to recover such sum as the court may adjudge reasonable as attorneys' fiees at trial
<br /> and upon any appeal. Whether or 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 protection ofi its
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payabie on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without IimiTation, 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 fior bankruptcy proceedings
<br /> (inctuding efforts to modifiy 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 fioreciosure reports), surveyors'
<br /> reports, and appraisai fees; title insurance, and fees for the Trustee, to the extent permit[ed by applicable law.
<br /> Trustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights ofi Trustee_ Trustee shall have all of Yhe 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 ali powers of Trustee arising as a matter of law,Trustee shail have the power to
<br /> take the following actions with respect to the Ptoperty upon �the written request of Lender and Trustor. (a)joln in
<br /> preparing and fiiing a map or plai�ofi ihe Real Property, including the dedication of streets or otner 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 /> subordination or o'[her agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remed�ies set fo�rth above, wiih respect to all or any part of the Property, ihe Trustee shall have the right to
<br /> foreclose by notice and saie, and Lender shaii have the right 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 m time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an i�nstrument executed and acknowledged by Lender and recorded in the
<br /> ofifice ofi the .�ecorder of HALL County, State of Nebraska. The instrument shall contain, in addition to ali other
<br /> matters required by state law, the names of the origina! 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 instrume�t shall be executed and acknowledged by all tne 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 tne Trustee in this Deed of Trust and by appOcable law: This procedure fior
<br /> substitution of Trustee shall govern to the exclusion of aii other provisions for substitution.
<br /> lVOTICES. Any notice requi�red to be given under Yhis Deed of Trust, including without limitation any notice of defaulY
<br /> and any notice of sale shali be given in writing, and shall be effective when actuai�ly delivered, when actualiy received
<br /> by teiefacsimile (unless otherwise required by law), when deposited with a nationaliy recognized ovemight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, direcYed 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 shail be 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 the otner parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees to kee:p Lender infiormed at all times of Trustor's current address. Unless otherwise provided
<br /> or required by law, if there is more than one Trustor, a:ny notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors. �
<br /> MISCELLANEOUS PROVISIONS_ The following miscelianeous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, together with any Re:lated Documents, constitutes the entire undersianding and
<br /> agreemern of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendmen2 to this
<br /> Deed of Trust shali be efifective unless given in writing and signed by the party or parties sought to 6e charged or
<br /> bound by the alteration or am�endment.
<br /> Annual Reports. If the Property is used for purposes otner than Trustor's residence, Trustor snall furnisti 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 ail cash
<br /> receipts from the Property less atl 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 provisio��ns of this Deed of Trust.
<br /> Merger. There shall be no merger of Yhe interest or estate created by this Deed of Trust with any other interest or
<br /> estate in ti�e Property at any time held by or for the 6enefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governeng Law. This Deed of Trust well be governed by federal law applicable to Lender and, to the eMtent not
<br /> preempted by federal Iaw,the laws of the State of Nebreska wit9�out eegard to its conflicts of law provBsions. 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 su6mit to the jurisdiction of the
<br /> courts of Hall County, State ofi 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 /> responsi�ble for all obligaYions 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 omiss�on on the part of Lender in exercising any right
<br /> shall o�perate 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 prejud�ice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Deec9 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 trarisactions. 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 co�nsent is required and in all cases sucn consent may be granted or withheld in the sole d�iscretion of Lender.
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