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201400238
<br /> D�ED OF TRUST
<br /> Loan IVo: 8'l004638 (Continued) Page 6
<br /> manner affect Trustee's or Lander's right to realize upon or enforce any other security now ar hereafter held by
<br /> Trustee or Lender, it being agreed that�rustee and lender, and each of them, sha[I be entitled to enforce this Deed
<br /> of Trus# and any other security now or hereafter he[d by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be exclusive of any other remedy in this �eed of Trust or by law provided or permitted, Fiut
<br /> each shall be cumulative and shall be in addition tfl every other remedy given in this Deed of Trust or now or
<br /> hereafter existing at law or in equiry or by statute. Every power or remedy gi�en by the Noxe or any of tE�e Related
<br /> Doc�ments ta Trustee ar Lender or to which either of them may be otherwise entitEed, may be exercised,
<br /> concurrently or 9ndependent[y, from time to time and as often as may be deemed expedient by 7rusxee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust sha11 be construed as
<br /> prohibiting LencEer From seeking a deficiertcy judgment against the Trustor to the extent such action is perrnitted by
<br /> law. E[ection by Lender ta pursue any remedy shal] not exclude pursuit o# any oiher remedy, and an election to
<br /> ma[ce expenditures or to take action to perform an obligativn of Trustor under#his Deed of 3rus#, after Trustor's
<br /> failure to perform, shall not affect Lender's right to declar� a default and exercise its remedies.
<br /> Request for Notice. Trustar, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of�efault
<br /> and a copy of any Notice of Sale under this �eed 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_ !f Lender institutes any suit or action to enforce any of the terms of Yhis Deed of
<br /> Trust, Lender shall be entitfed to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether ar nox any court action is involved, and to the extent not prohibited by law, a€I
<br /> reasonabie expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of iYs rights shall becorr�e a part of ti�e Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses cavered by tE�is paragraph include,
<br /> without limitation, howe�er subject to any [imits under applicable law, Lender's attarneys' fees and Lender's €ega]
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceeclings
<br /> [including efforts to modify or vacate any automatic stay or injunct[on], appeals, and any anticipated post-ludgment
<br /> col[ectiora services, the cast of searching records, obta'sn9ng #itle reports (including foreclosure reportsL surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for tY�e Trustee, to the extent permitted by applica6le [aw.
<br /> �rustor also will pay any court cos#s, in addition to al€ather sums provided by law.
<br /> Rights of 7rustee. Trustee sha[I ha�e afl af the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OSi,1GATIONS pF TRUSTEE. The following provisions re[ating to the powers and obligations of Trustee
<br /> are part ofi t[�is Deecf of Trust:
<br /> Powers of Trustee. In addition to all ppwers af Trustee arising as a ma##er of[aw, 3rustee shall i�ave the power to
<br /> take the following ectians with respect to the Property upon the written requesi of Lender and Trustor: {al join in
<br /> preparing and filing a map or p[at of the Real Property, inclucfing 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) foin in any
<br /> subordinaiion or other agreement affecxing this C]eed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trastee. Trustee shall meet alf qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to all or any par# of the Property, the Trustee shall have Yhe right to
<br /> foreclose by�notice and sale, and Lender shall have the right #o fareclose by 3udicial foreclosure, in either case in
<br /> accosdance with and to the full ex#ent psovided by epplicable 1aw.
<br /> Successor Trustee. Lender, at Lender's option, may�rom tirr�e to time appoint a successor Trustee to any Trustee
<br /> ap�ointed vnder this Deed of Trust by an instrument executed and acknowledged 6y Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, tf�e names of the original Lender, Trustee, and Trustor, the book and page [or
<br /> compuier system reference} where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall he executed and acfcnowledged by all the beneficiaries under tE�is Deed of Trust ar
<br /> their successors in interest. The successor trustee, w9thout conveyancs of the ?roperty, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable [aw. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOT[CES. Any notiee required to be given under this Deed of Trust, inc�uding without limitation any notice of default
<br /> and any �otice af sale shall 6e given in writing, and shall be effective when actually de[ivered, when actual[y received
<br /> by telefacsim9le funless otherwise required by[aw�, when deposited wich a nationally recognized overnighY courier, or, if
<br /> mailed, when deposited in the United States mail, as first c[ass, certified or registered mail postage prapaid, directed to
<br /> the addresses shown near the begin�ing of t[�is Deed of Trust. All copies of notices of forecfosure �rom the holder of
<br /> any lien whicf� has priority over this Deed o�Tr�st shall be sant 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 /> natice ta the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purpases, Tr�stor agrees to keep Lender informed at all times of Trustor's current address. Un[ess otherwise provided
<br /> ar required by law, if there is snore than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> gi�en to al]Trustors.
<br /> M�SCELI.ANEpUS PRpVISIpNS. The fo[lowing miscel[aneous provisions are a gart afi this Deed of TrusY:
<br /> Amendmerrts. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set fork[� in this Deed of 7rust. No alteration of or amendment to Chis
<br /> Deed of Trust shall be e€fective un[ess gi�en in writing and signed by the party or part'ses sought to be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reparts. Ifi t[�e Property is used fior purposes other than Trustor's residence, Trustor shal] fumish to
<br /> Lender, upon request, a cer[ified statement of net operating ir�come received from tf�e Praperty during Trustor's
<br /> pre�ious fiscal year in such form and detail as Lender shal[ require. "Net operating income" shall mean all cash
<br /> receipts firom the Proper#y less aEl cash expenditures made in connection with t[�e operation of the Property.
<br /> Caption �ieadings. Caption headings in this Deed of Trust are for convenience purposes on]y and are not to be
<br /> used to interpret or cEefine the provisions of this Deed of Trust.
<br /> Merger. There shall E�e no merges 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 benefit of Lender in any capacity, wit[�out the written consent
<br /> of Lender.
<br /> Go�erning Law. This �eed of Tr�st will be govarned by federa[ law applica6le to Lender a�d. #o xhe exte�# not
<br /> preempted by federa[law,the laws of the State of Nebraske without regard to ets eonflicts of law provisions. This
<br /> Deed of Trust has besn accepted by Lender in the State of Nebraska.
<br /> Choice �f Venue. If there is a ]awsuit, Trustor agrees upon Lender's request to submit to the jurisdiction o€ the
<br /> courts of Hall County, State of Ne6raska.
<br /> Joint and Se�eral l.iability. Afl obtigations of Borrower aRd 7rustor under this DEEd of Trust sha[I be joint anc4
<br /> saveral, and all references to Trustor shall mean each and every 3rustor, and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is respansible for a[I obligatians in this Dead
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