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201401177
<br /> D�ED OF TRUST
<br /> Loan No: 81004951 (Continued) �age 6
<br /> any laws now ar hereafter in force; notwithstanding, some or aA of such indebtedness and pbliga#ions secured by
<br /> this Deed of Trust may now os hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, [ien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power af sa[e ar other powers contained in this Deed of Trust, sha[I prejudice or in any
<br /> manner affect Tsustee's or Lender's right to rea[ize upon or enforce any other security now or hereafter held by
<br /> 7rustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled ta enforce this Deed
<br /> of 3rust and any other security now or E�ereafter held by Lender or Trustee in such order and manner as they or
<br /> eiiher 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 Deed of Trust or by law pro�ided or permitted, but
<br /> eac[� shall he cumulative and shall be in additio� to every other rernedy given in this �eed of 7rust or naw or
<br /> hereafter existing at law or in equity or by s#atute. Every power or remedy given by the Note or any of the Related
<br /> �ocuments to Trustee or Lender or to which either of t�tem may be otherwisa er�'titled, may be exercised,
<br /> concurrently or independenxly, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of Yhem may pursue inconsisten# remedies. Nothing in this Deed of Trus# shal[ be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor ta 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 e[ection to
<br /> make expenditures or to take action to perform an ob[igation of Trustor under ihis �eed of Trust, after Trustor's
<br /> failure to perform, shall not affect Lender's righ#to declare 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 Qefault
<br /> and a copy of any Notice of 5ale under this Deed of Trust be mailed to them at ihe addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attarneys' Fees; Expenses. If Lender institutes any suit or ac#ion to enforce any ofi the terms of this Deed o#
<br /> Trust, Lender s[�al[ be enYitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeaE_ Whether or not any court action is involvect, and to the extenY noY prohibiYed by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any #ime for the protection of its
<br /> interest or the enforcemen#of its rights shal[ become a part of the IndebYedness payable on demand and sha[I bear
<br /> interest at the Note rate from the date of the expenditure unEil repaid. Expenses cavered 6y this paragraph include,
<br /> without limitation, however subject to any iimits under applicable law, Lender's attarneys' fees and Lender's ]ega]
<br /> expenses, whether or not there is a lawsuit, inc[uding attorneys' fees and expenses for ban[cruptcy proceec[ings
<br /> [including efforts to modify or vacate any automatic stay ar injunctionl, appeals, and any anticipated post-judgment
<br /> col[ection sesvices, �he cost of searching recor8s, obtain9ng title reports {including foreclosure reports}, surveyors'
<br /> reports, and appraisal fees, t'stle insurance, and fees for the Trustee, to the extent permitted by apglicable [aw.
<br /> Trustor also wifl pay any court costs, iri addition to al] other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set farth in this section.
<br /> AOWERS AND OSLIGATION5 OF 7FtUS7�E. The following provisions re[ating to the powers and obligations of Trustee
<br /> are part of this DeecE of Trust:
<br /> Powers of'�rustee. In add9tion to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br /> take the fialfowing actions with respect to the Property upon the written request of Lender and Trustar. (a) join in
<br /> preparing and filing a map or p[a� of tF�e Real Property, induding the dedication of streeYs or other rights to the
<br /> public; {b� join in granting any easement or creating any restriction on the Real Property; and [c1 foin in any
<br /> subordination ar other agreement affiecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qua]i#ications required for Trustee under applicaE�le law. In addition to the rights
<br /> and remedies set forth abo�e, wi#h respect to all or any par€ af the Property, the Trustee shal] have #he right to
<br /> forec{ose by notice and sale, and Lender sha[I have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and ta the full extent pro�idad 6y applica6le]aw.
<br /> Sucaess�r Trustee. Lencler, at Lender's option, may From time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknow[edged by Lender and recorded i� the
<br /> office of the recorder of HALL County, 5tate of Nebras[ca. The instrument shall contain, in addition to all other
<br /> ma€Lers required by state law, the names of the original Lender, Trustee, and �rustor, the 600k 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 insirurr�ent sha[I 6e executed and acknawledged by all the beneficiaries under t[�is Deed of Trust or
<br /> iheir successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and ciuties conferred upon the Trus€ee in this Deed of Trust and by applica6le law. This procedure for
<br /> substitution of Trustee sha[I govern to the exclusion of alf other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, inc[uding without ]imitation any notice of default
<br /> and any notice of sale shall be givsn in writing, and shall be effective when actually delivered, when ac#ually received
<br /> by telefacsimile {unless otherwise required by law), when deposited with a nationa]ly recognized overnight coearier, or, if
<br /> mailed, when deposited i� the United States mail, as first c[ass, certified or registered mail postage prepaid, direcTed to
<br /> tha addresses shown near the beginning of this Deed of Trust. All copies of notices of#oreclosure from the holder of
<br /> any lien which has priority over this Deed of �rust shall be sent ta Lender's adciress, 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 /> r�otice to the other parties, specifying that the purpose af the notice is to change the parry's address. �or notice
<br /> purposes, Trustor agrees to keep �ender informed at all times af Trustpr's current address. Unless otherwise provided
<br /> or required by]aw, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to al]Tre�sFors.
<br /> M[SCELLANEOUS PROVISIONS. The following miscel[aneous provisions are a part of this �eed of Trust:
<br /> Amendments. This Deed of�'rust, together with any RelatecE Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No a[teration af or amendment to this
<br /> Deed of Trust sha11 be effective.unless given in writing and signed by t[�e party or parties sought to 6e charged or
<br /> bound by the a]teration or arnendment.
<br /> Annual Reports. If the Property is used €or purposes other than Trustor's residence, Trustor shalf fumish to
<br /> �ender, upan request, a certified statement of net operating income received firom the Property during Trustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shap mean all cash
<br /> receipts from the Property less all cash expendiwres made in connection with the operation of the ProperYy.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes onfy and are not to be
<br /> used to interpret or defi�e the provisions of this Deed of Trust.
<br /> 1Vlerger. 7here shall be Ro merger of the interest ar estate created by Yhis Qeed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit af Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federa[ law applicable to Lender and, to the extent not
<br /> pre�mpted by federal law,the laws of the State of Nebraska without regard to its conf[icts of law provisions. This
<br /> Deed of Trust has been accep#ed by Lender in the 5tate af Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit ta the jurisdiction of the
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