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201400195
<br /> DEED OF TRUST
<br /> Loan No: 8�Q04480 iContin�aed) Page 6
<br /> this Deed of Trust may naw or hereafter be otherwise secured, whether by mortgage, c€eed of trust, pledge, Gen,
<br /> assig�ment or otherwise. NeiFher the acceptance of this Deed of Trust nor its enforcement, whe#her by Court
<br /> action or pursuani to the power of sale ar other powers contained in tf�is Deed af Trust, shali prejudice or in any
<br /> manner affect Tre�stee's or Lender's right to realize upon or enforce any other security now or here0'fter held by
<br /> Trustee or Lender, it being agreed tf�at 7rtsstee and Lender, and each of tf�em, shal] be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustes in such order and manner as they or
<br /> either of them may in their a5solute discretio� determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to e�ery other remedy given in this Deed of Trust ar now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the fVote or any of the Refated
<br /> �ocuments to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independent[y, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either af them may pursue inconsistent remadies. Nothirsg in this Deed of Trust sf�al[ be construed as
<br /> prahibiting Lender from seeking a deficiency judgment against the�frustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remedy shall not exclude pursuit of aRy other remedy, and an elecYion to
<br /> make expenditures or to take action to perform an obligation of Trustor under this Deed ofi 7rust, aiter Trustor's
<br /> failure to perForrr�,shall not affect Lender's right to declare a default and exercise rts remedies.
<br /> Request for Notice. Trustor, on behalf of Trusfior and Lendsr, f�ereby requests that a copy af any f�Sotice of Default
<br /> and e oopy af any Natice of Sale under this �eed af Trust be mailed Fo them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If €�ender institutes any suit or action to enforce any of the terms o'f this Deed of
<br /> Trust, Lender shall be entitled to recover such sum as the caurt may adjudge reasonable as attorneys' fees at trial
<br /> and upan any appeaL Whe#her or not any court action is invoEved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any fsme far the protectivn of its
<br /> interesx or the enforcerreent of its rights shall become a part of the lndebtedness payable on demand and shal] bear
<br /> interest at the Note rate from the da#e of the expenditure uniil repaid. Expenses covered by this paragraph include,
<br /> without limitation, however subjec#to any limits under app[icable law, Lender's attorneys' fees ancf Lender's legal
<br /> expenses, whether or nat Fhere is a lawsuit, including attorneys' fees and expenses for bankruptcy Proceedings
<br /> (including eftorts to moc[ify ar�acate any au#omatic stay or injunctionf, appeals, and any anticipated post-judgment
<br /> collection services, ihe cost of searching records, obtaining title reports {including foreclosure reportsf, surveyors'
<br /> reports, and appraisal fees, titls insurance, and fees fior the 7rustee, to the exteni permitted by applicable law.
<br /> 7rustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights ofi Trustee. Trustee shall have all of the rights and duties of Lender as seE forth in this section.
<br /> POWERS At�� pBLIGATIpNS OF TRUSTEE. The foElowing provisions reEating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers off Trustee. ]n addition to aEl powers af Trustee arising as a matter of faw, Trustee shall have the power to
<br /> take the followi�g actions with respect to the Properry upon the written request of Lender and Trustor: {a) join in
<br /> preparing and filing a map or plat of the Real Property, including t[�e dedication of streets or other rights to the
<br /> pubiic; (b) jain in granting �any easernent or creating any restriciion on the Real Property; and (c} join in any
<br /> subordination or ather agreement affecting ihis Deed of Trust or ths interest of Lender vnder this Deed of Trust.
<br /> Trustee. Trustee shalE meet all qualifica#ions required for Trustee under appGcable law. In addition to t[�e rights
<br /> and rerriedies set forth above, with respect to al] or any part of the Property, the Trustee shal[ have Ehe right to
<br /> foreclose by notice and sale, and �ender shal] have the right to foreclose by judicial foreclosure, in either case in
<br /> accardance with and to the full extent provided by applicable law.
<br /> Successoo�Trustee. Lender, at Lender`s option, may from time to time apgoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust 6y an instrument executed and acknowledged by Ler�der and recprded in the
<br /> office of the recorder of HALL County, StaYe of Nebraska. TE�e instrument shalE contain, in addition to all other
<br /> rr�atters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page for
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> tr�stee, and the instrument sha11 be executed and acknowledged by all the beneficiaries under this Deed of 7r�sst or
<br /> thais successors in interest. 3he successor trustee, without conveyance ofi the Property, shall succeed ta aEl the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by app[icable law. This procedure for
<br /> substitution of 7rustee sha11 govern to the excEusion of all oYher provisions for su5sti#ution.
<br /> N4TICES. Any notice required to be given under this Deed of�rust, including withaut Gmitation any notice of default
<br /> and any notice of sale shall be gi�en in writing, and shall be eifective when actually defivered, when actually received
<br /> by telefacsimila iunless otherwise required by faw], when deposited with a national[y recognized overnight courier, or, i€
<br /> rr�ailed, when deposited in the United States mail, as first class, certi€ied or registered mail postage prepaicf, diracted to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of forec[osure from tF�e holder of
<br /> any �ien which �as priority over this �eed of �rust 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 notices under this �eed of Trust by gi�ing formal written
<br /> notice to the other parties, speciiying that the purpose of the notice is to change the party's address. �or notice
<br /> purposes, TrusYor agrees to keep Lender informed at al[times of Trustor's current address. Unless otherwise Arovided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender ta any Trustor is deemed to be notice
<br /> given to aIl Trustars.
<br /> NiISCELLANE�US PROVIS101VS. The following miscellaneous provisians are a part of this Deed of Trust:
<br /> Amendrrzents. This Deed ofi Trust, togexher with any Fielated 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 shal] be effecti�e unless given in writing and signed by the party or parties sought to be charged or
<br /> bound 6y the alteration or amendment.
<br /> Annual R�ports. [f the Property is used for purposes other tha� Trustor's residence, Trustor shall #urnish to
<br /> Lender, upan request, a certified statemeni ofi net operating income received from the Property during Trustor's
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net aperating income" sha[I mean all cash
<br /> receipts from the PropeRy less atl cash expenditures made in connection with the operation of the Property.
<br /> Caption k�eadings. 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 inierest or estate created by this Deed of TrusC with any other interest ar
<br /> estate in�he Property at any time held by or for the benefiit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Reed of Trust will be go�erned by federal law appiioable to I.ender and, to the extent not
<br /> preempted by federa!law,the laws of the State of Ne6raska without regard to its canfficts of Eaw provisions. This
<br /> Deed of Trust has been accepted 6y Lender in the 5tate of Nebraska.
<br /> Choice of Venue. if there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts af Hal[ County, State of Nebraska.
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