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201400240
<br /> DEED OF TRUST
<br /> Loan No: 10008�37 (Contlnued} Page 6
<br /> Trust, Lender shall be en#itled to recover such sum as the court may adjudge reasonable as attorneys' fees at triaf
<br /> and upon any appeal. Whether or not any court action is involved, and ta the extent not prohibited by iaw, alE
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the pratec#ion of its
<br /> interest or the enforcement of its rights shall become a part of the [ndebtedr�ess payable on demand and shall bear
<br /> interest at the Note rate from the da#e of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation, however subject to sny limits under app[icable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, includi�g attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or�acate any automatic stay or injunction}, appeals, and any a�ticipated pvst judgment
<br /> collection services, the cost of searching records, obtaining title reparts (incluc[ing foreclosure reports}, surveyors`
<br /> reports, and appraisa[ fees, tit]e insurance, ard fees for the Trustee, ta the extant permitted by applicable law_
<br /> Trustor also wilt pay any caurt costs, in addition to all other sums provided by iaw.
<br /> Rights of Trustee. Trustee shall have all of#he rights and duties of Lender as set forth in this section.
<br /> PpWERS AN� OBLIGATIONS OF TRUSTEE. The following prov9sions ralating to the powers and obligatians of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustea [n addition to all powers of Trustee arising as a matter of law, Trustee shal[ have the power#o
<br /> take the iollowing actions wiih respect to the Property upon the written request of Lender and Trustor: (a1 join in
<br /> �reparing and filing a map or plat of the €ieal Property, inc[uding the dedication of streets or ather rights to the
<br /> public; (b} join in granting any easement or creating any restriction an the Real Property; and (c) join in any
<br /> subordin�tion or oYher agreernent affecting this Deed o-f Trust or the interesi of Lender under this �eed ofi Trust.
<br /> Trustee. Trustee shall meet all qualifications required for �rustee under applicable law. En addition to the rights
<br /> and remedies set forth abo�e, with respect to all or any part of t[�e Property, the Trustee shall have the right to
<br /> foreclose by noxice and safe, and lender will have the right to foreclose by judicial foreclvsure, in either case in
<br /> accordance with and to the ful[extent provided t�y applicable law.
<br /> Successar Trustee. Lender, at Lender's optian, may from time to time appaint a successor Trustee to any Trustee
<br /> appoinied under th9s �eed of Trust by an ir,strument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shap contain, 9n addition to all vther
<br /> matCers required by state Eaw, the names of the origina[ Lender, Trustee, and Trustor, the book and page {or
<br /> computer system refesenca} where this Qeed of Trust is recorded, and the name and address of the successar
<br /> trustee, and the instrument shall be executed and acknow[edged by al]the heneficiaries under Yhis Deed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to al[ the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applica6le law. This procedure for
<br /> substitution of Trustee shall govern#o the exclusion of alE other provisions for substitution.
<br /> NQT[CES. Any notice required to be given under t[�is �eed of Trust, including without Eimitation any notice of defauit
<br /> and any notice ot sale shall be gi�en in writing, and shall be effective when actually delivered, when aciva[ly received
<br /> by telefacsimile (unless otherwisa required by law], when depasited with a nationa[ly recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered maii postage prepaid, directed to
<br /> the addresses shown near the 6eginning of this Deed of Trust. A�I copies of notices of foreclosure from the ho[der of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of �rust. Any person may change his or her address far notices ur�der this �eed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the gerson's
<br /> address. �or natice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current adclress. Unless
<br /> otherwise pro�ided or required by faw, if there is more than one Trustor, any notice given by Lender xo any�rustor is
<br /> deemed to 6e notice given to all Trustors. !t will 6e 3rustor's responsibility to tel!the others of the notice from Lander.
<br /> {VIISCELLANEOUS PRQVISIDNS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendmer�ts. What is written in this Deed of Trust and in the Related Documen#s is Trustor's enYire agreemenC
<br /> with Lender concerning the matters covered i�y this Qeed of Trust. To be efirective, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever wil] be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption heaciings in this Deed of Trust are for convenience purpases only and are not to be
<br /> used to interpret or define the provisions qt this Deed of Trust.
<br /> Merger. 7here shal] 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 heEd 5y ar for the 6enefi# of Lender in any capacity, without the written cansent
<br /> of Lender.
<br /> Governing l.aw. This Reed of Trust will be governed by federal law applicah[e to Lender and, to tE�e extent not
<br /> greempted 6y federal law,the laws of the State of Nebras&a wiYhout regarti to its conflicts of law provisions. �his
<br /> Desd of Trust has been accepted by lender in the State of Nebraska.
<br /> Choice af Ven�e. If tE�ere 9s a [awsuit, Trustor agrees upon Lender's request to submit to the jurisdiciion of the
<br /> courts of Hall County, State of�febraska.
<br /> No WaiVer by Lender. Trustor understands Lender will not gi�e up any of Lender's rights under this Deed of Trus#
<br /> unless Lender does so in writing. Tlne fact that Lender delays or omits to exercise any right wi[I not mean that
<br /> Lender has given up that righY. If Lender does agree fn writing to give up one of Lender's rights, that does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> ihat if Lender does consent to a request, that does not rrEean that 3�rustor will not i�ave to get Lender's consent
<br /> again if the sixuatian happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lender w911 be required to consent ta a�y of Trusror's future req+�ests.
<br /> Trustor waives presentment, demand for payment, protest, and notice of disho�or.
<br /> Se�erabiBity. If a court finds that any pro�ision of this Deed of Trust is not valic[ or shauld not 6e enforced, that
<br /> fact by itself will noi mean that tha rest af this Deed of Trust will not be valid or enforced. Therefore, a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> in�alid or unenforceable.
<br /> Successors and Assigns. SubSect to any Eimitations stated in this Deed of l-rust an transfer af Trustor's interest,
<br /> this �eed of Trust shali be binding upon and inure to #he benefit of the parties, theis successors and assigns. Ef
<br /> ownersh'sp of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors wiih reference to this Deed of Trust and the ]ndebtedness by way of forhearance or
<br /> extension without releasing Trustor firom the obligations of Yhis �1eed of Trust or liability under the Indebtedness.
<br /> Time is of the Essenca. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties ta this Deed af 7rust hereby wai�e the right to any jury trial in any action, proceeding, or
<br /> courrterclaim brought by any party agains#any other party.
<br /> Wai�er of Homestead F�cemption. l-rustor hereby releases and waives afl rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebxedness secured by this Deed of 7rust.
<br /> �EFINITIONS. The foilowing words sE�al[ have the following meenings when used in this Deed of Trust:
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