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' 201403362
<br /> ' D�ED O� T�U�T
<br /> (Con�inu�d) , �age e '
<br /> Docume�ts to Trustee or Lender or to which either of them' may be otherwise entitied, may be exercisetl, '
<br /> cancurrently or independently,from time to time and as"often as may b2 deemed expedient by Trustee or Lender, ,'
<br /> and either of'them may pursue i�co�sistent eemedies', Nofhing in this Deed 'of Trust shall be construed as
<br /> prohibifing Lender from seeking a deficiency judgmen4 against the Trustorto the extent such action'is permitted by ,'
<br /> law. ''
<br /> Electian af Remedies.' All of'Lender's rights and remedies will be Cumutative and may be exereised alone or '
<br /> together. If Lender decides to'spend money or to perform any of Trustvr's cabligations under this'Deed c�f 7rust, '
<br /> after Trustdr's failure to do so; that decision by Lentler will not affect Lender's right ta declare Trustor in Idefault '
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender, he�eby requests that a copy of any Notice of IDefault
<br /> and a copy of'any Notice of Sale under this Deed of Trust be mailed to them at the addresses sa#forth in the flrst '
<br /> paragraph of khis Deed of Trust.
<br /> Attorneys' Fees; Expens�s, If Lender'institutes any suit or action to enforce any of the terms af this Deed of '
<br /> Trust; Lender'shall be'entitled fo recover such sum as the ccaurt may adjudge reasonable as attorneys' fees'at#rial '
<br /> and upcan any appeaL' Whether ar nat any court acfiorr is involved, and to the extent not prohibited by,law, all '
<br /> C�&on2ble expenses Lender incurs that in Lender's opiNon are neCessary at any time for the protection of its '
<br /> interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date c�f the expenditure until repaid. F�penses covered by this paragraph include, ,'
<br /> without limitation, however subject to any limits under appiicable law, Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including'attorneys' fees and expenses for'bankeuptcy proceedings ,'
<br /> (induding efforts to modify or vacate any automatic stay or injunction), appeals,and any anticipated post judgment
<br /> callection services, the cost of searching records, obfaining kitle'reports (including foreciosure reports�, surveyors' '
<br /> reports, and appraisaf'fees, title insurance, and fees for the Trustee, to the extent permitted by,applicable law.
<br /> Trustor also will pay any court'costs, in additiqn td all other sums provided by fawi
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender a5 set forth in this section.
<br /> P01t4'ERS AND OBLIGATION a 4F TRUSTEE.' The fo(lowing provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Teust:
<br /> Powers of Trustee. ln addition'to all powers of Trustee'arising as a matter of faw; Trusfee shall have the power to '
<br /> taka���the foliowing actions with'�respeef��'to the Praperty upon the���'written request of Lender and Tri�stor. (a)jain in '�
<br /> preparing and filing a'map or plat of Yhe Real'Property, including the dedication'of streets or oth'er rights to the '
<br /> publie; (b) join in granting any easement or creating ,any restriction on the Reai Property; and , (c) join'in any ,'
<br /> subordination''or otherl',agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet aIi qualifications required for Trustee undert applicable law. '�1n addition to the rights '
<br /> and remedies'set forth above,>.with respect to``a1i or any part of the Property, the Trustee shali haue the right to '
<br /> forec[ose by notice and sa[e, and Lender will have the'right to Ifioreclose by judicial forselosure, in either'case in '
<br /> aceordance with and to the full ex#ent provided by applicable law.
<br /> Successor Trustee. Lender, at'Lender's option,''may from time ta time appoint a successor Trusfee to any Trustee '
<br /> appointed under this Deed of Trust by'an instrument executed and ackndwledged by Lender and'recorded in the '
<br /> office of the'recorder'of Hall 'County,','State of Nebraska. The'instrument shall'contain'; in adtlition to all other '
<br /> matters requi�ed by state law, the names of the original Lender, Trustee, and'Trustor,'the boak and page (or '
<br /> camputer system refe�ertce) where this Deed of Trust IEs recorded, and'the name and address of the suceessor
<br /> trustee,and the instrument sha0 be executed and acknowledged>.by all the beneficiaries under this Deed of Trust or `
<br /> their'successors in interest. The successor frustee, without conveyance of the Froperty', shall succeed to all the '
<br /> title,,power, a�d dutie5 conferred upon the Trustee in this deed of Trust and by applicablelaw. Th,is procedure for '
<br /> substitution of Trustee shall govern to the exclusion of al[other pravisions for subsfitution.'
<br /> l�t7TICES.' Any notiee required to be given'under th'is Qeed of Trust; including without limitation any notice of def2uit
<br /> and any notice of'�sale shall be giv�n in writing, and�'shall be effective when actually delivered'�,when���ctually rsceived '�
<br /> by telefacsimile(unless ofherwise required by Iaw},when deposited with a nationally recognized a�emight courier,or, if '
<br /> mailed,when deposited in,the U�ited 5tates mail, as first class, certified or registered''mail postage prepaid, directed to '
<br /> the addresses shown near the beginning of this Deed of Trust. A{l eopies of notices lof foreclosure from the holder of '
<br /> any lien which has priority,over this Deed af Trust shall be'sent to Lender's address,'as shown �ear the beginning of '
<br /> this Dsed''of Trust. Any person may change his oc'her address for'notices ander this Deed of Trus�,by givingj formal '
<br /> written notice to tne oth�r person' or persons, specifyfng that the'purpcsse''oP the notice is'to change the person's '
<br /> address. 'For notice purposes,Trustor agrees to keep Lender informed at all kimes of Trustor's'current address. Unless '
<br /> otherwise'provided or required by Iaw, if there is more than'one Trustor, any notice given by ILender to any Trustor is '
<br /> deemed to be notice given to all Trustors, It will be Trustor's responsibility to'iell the others of the notice from Lender.
<br /> li�ISCEILANE4U5 PROVISIONS. The following miscellaneous pro�isions are a',part of this Qeed of Trust;
<br /> Amendments. What is written in this Deed of Trust and in the Related'Docurrrents is Trustor's entire agreement '
<br /> with'Lender conceming the matters covered by'this Deed of Trusf. To be effeetive, any change af arnendment to '
<br /> this Deed of Trust must be in writing and musY'be signed by whoever will be bound or obfigated by the change or '
<br /> amendment. '
<br /> Gaption Headings, Caption headings in this Deed of T�ust are for convenience'purposes oniy and are npt to be '
<br /> used to interp�et or define the prouisions of this'Deed of Trust. '
<br /> �'€erger. There shall be no merger of the interast or estate created by this fleed of Trust with any other inierest ar
<br /> estate in the Property'at any time held'by or for the benefit of Lender in any capacity,without the'written ccansent '
<br /> of Lender.
<br /> Governing Law. This'�Deed af Trust wi[I be governed by federal law appiica6le t4 Lender and, Yo the extenf not �'�
<br /> preempted by'federal'law,the Jaws of the State qf Nebraska without regard to its'canflicts of law provisions. This '
<br /> Deed'of Trusti has been accepted by Lender in the State lof Nebraska.
<br /> Joint'and Several Liability. Afl obligations of 7rustor under this Deed of Trust shall be jaint and seueral, and alf '
<br /> references to Trustor shall rnean each and every Trustor. This means that each Trustor signing below is '
<br /> responsible for ail obligations in this Deed c�f 7rust.
<br /> No Waiver by,Lendea Trustor understa�ds Lender will not give lup any of Lender°s rights undar 4his Deed ofi Trust '
<br /> unless Lendee does s� in writing. The fact that Lende�delays,'or omits to exercise any'right witf not mean that '
<br /> Lender has given up that right. If Lentier does agree in writing to give,up one lof Lender's rights, tMat does not '
<br /> mean Trustor will not have to'cornply'with the other p�ovisions of this 'Deed of'ITrust. Trusfar aiso understands '
<br /> that'if Lender does consent to a request, that'does not mean that T�`ustor will not have to get Lender's consent '
<br /> again if tMe situation happens again. Trustc�r further understands that jus#because Lender'consents to one or more '
<br /> of Trustor's �equests,>�that does not mean �ender wiil be required to eonsent to'any pf Trustor's future eequests. '
<br /> Trustor waives presentment,demantl for payment,protest,and notice of dishonor.
<br /> Severability. ,'If 2 COUrt finds that any,provision of this 'Deed ofi'Trust is not valid or should not be enforced, that '
<br /> fact'by itself will not mean that the rest of this'Deed of'Trust will not be valid or enforced. Tf�erefore, a Cour[will '
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