|
��14�3�74
<br /> I]EEi� �F T"�LJST
<br /> Laan No: ��'I�77�3'i {��nt�n��d� P�g� �
<br /> Reques�f�r Nvtice. Trustar, on b�half of Trust�r an� Lender, hereby r�quests that a copy of any Notice of Default
<br /> and a capy of any Notice of 5ale under this Deed ��Trust be mailed �o �hem at th� addresses se�forth in the firs�
<br /> paragraph of this ❑eed af Trus�.
<br /> Att�rneys` Fees; Expenses. 1� Lender ins�itufes any sui� or ac�ion t� enfor�e any �� the terms �f this Deed of
<br /> Trust, L�nder sha11 be entitled to reco�er such sum as the caurt may ad}udge reasonable as a�torneys' fees at tria�
<br /> and upon any appeal. Whe�her or nflt any court action is in��lved, and fo �he extent not prahibited by law, afl
<br /> reasonab�e exp�nses Lender incurs that in Lender`s �pinion are necessar}� a� any time fo� the pra�ection of its
<br /> interest or the �nforcemen�a�ifis rights shall become a part of th� Indebtedness payable on demand and shail bear
<br /> interest at the Note rate fram the da�e af the expenditur� until repaid. Expenses cv�ered by this parag�aph incfude,
<br /> with�ut fimitation. however subje��t to any limits under applicable law, Lender's attorneys' �ees and Lend�r's �egal
<br /> expenses, wheth�r �r nofi ther� is a lawsuit, including at��rneys' fees and expenses �or bankrup�cy prviceedings
<br /> �inc�uding efforts ta modify or vaca�e any automatic stay or injunc�iony, appeals, and any an�icipated post-�udgment
<br /> collec�i�n services, the cost o� searching recvrds. o�taining �itle reparts {including forsclosure reports}, sur�eyors'
<br /> reports, and appraisa[ fees, fitle insurance, and fiees �for the Truste�, to �he ex�ent permitted by applicable [aw.
<br /> Trus�or also will pay any court costs, in addi�ion to all other sums p�oWided by law.
<br /> Rights of Trustee. Trustee shall haWe all vf the rights and du�ies af L�nder as set forth in this section.
<br /> P�WERS AND ❑SLIGAT[�NS �F TRUSTEE. The fallowing prv�isions relating to �he powers and o�l�gations of Trustee
<br /> are part of�his ❑eed of Trust:
<br /> Pvwers of Trustee. ln additian to ali powers a�Trus�ee arising as a ma�ter of law, Trustee shall haWe the power to
<br /> take the �fallowing ac�ians with respec�to the Prvper�y upon the wri�ten request ❑f Lender and Trustor: �a7 join in
<br /> preparing and fiEing a map or pla� af the Rea� Property, including �he dedicat�on v�f streets �r o'�her rights �❑ the
<br /> public; �b� jain in granting any easemen� or creating any res�kric�ion on the Real Property; and �c} jain in any
<br /> subordina�ion or other agreement aff���tin�this ❑eed o�Trust�r the in�erest ofi L�nder under�his Deed of Trust.
<br /> T�ustee. Trustee shal� meet al� qualiti�ations required for Trus�ee under applicable [aw. In addition �a the righ�s
<br /> and �emedies se� forth abov�, with respe�t �o all or any part of the Prvper�y, the Trustee shall have the right to
<br /> foreG�ose by notic� and sale, and Lender shall ha�e th� right ta forecl�se by judicia� �Forecl�sure, in either cas� in
<br /> acc�rdanc�wi�h and�v the�ull extent provided �y appl�cable law.
<br /> Successor Trustee. L�nder, at Lender's �p�ian, may fr�m time�o time appoint a successor Trus�e�to any Trustee
<br /> appointed under this ❑eed ❑f Trust by an ins�rumen� execut�d and acknowl�dged by Lender and recorded in the
<br /> office vf the recorder af HALL County, 5tate �f Nebraska. The instrum�nt shalf cvntain, in add�tion �a al1 ather
<br /> mat�ers required by state law, th� names �f �h� original Lender, Trus�ee� and Trustor� the baolc and page �or
<br /> cvrnputer system refer�ncey where this Deed �f Trust is recvrded, an� the name and address of the suc�essor
<br /> trustee, and the instrument shall be executed and acknowledged by al[�he beneficiaries under this Deed af Trust ar
<br /> their su�cessors in in�erest. The success�r truste�, wi�hout conveyance of the Proper�y. shall succeed to al! the
<br /> title, power, and duties conferred upon the Trustee En this Deed v�Trust and by applicab[e law. This pracedure for
<br /> substitutivn�f Trustee sha�l gQvern fio the exclusion of al�other pr�visions fvr substi�utian.
<br /> IU�TICES. Any natice required �o be given un�er �his De�d of Trus�, �n�luding without limitatian any nofiice af default
<br /> and any notice �f sal� shall be �i��n in w�iting, and shall be �f�ec�i�e when actualfy d�livered, when ac�ually rece��ed
<br /> by telefacsimile �unlass otherwis� r�quired by law�. when deposi�e� wifih a na�ivnally recagni�ed o�ernigh�couri�r, or. if
<br /> mailed, when d�posited in the Uni�ed States mail, as first class, cer�ified �r regist�red mai[ pos�kage prepa�d� directed ta
<br /> the addresses shawn near the �eginning of this Deed of Trust. All copies of notices of foreclosure fr_orn �he:halder_of _
<br /> any lien which has priority o�er �his aeed afi Trus� shall be sent t� Lender's address, as shown near `�h� beginning of
<br /> this Deed of Trust. Any party may change i�s address far noti�es under this aeed af Trust by giv�ng forma! written
<br /> noti�e to the ather par�i�s, speci�ying that the purpase af the notice is t� �hange �he party's address. For notic�
<br /> purposes, T�ustor ag�ees ta ke�p Lender infvrmed at al� tim�s �f Trustor's current address. Unless othervuise pro�ided
<br /> or required by law, i�there is more than one Trustar, any n�tice giWen by Lender�to any Trust�r [s deemed to be nvtice
<br /> given to all Trustors.
<br /> M15CELLAfVEC]US PR�VISIaNS. The faflowing miscellaneous prfl�isions are a part�f�his Deed�f T�-ust:
<br /> Amendments. This D�ed �f Trus�, toge�her wi�h any Related ❑ocuments, canstitutes the entir� unders�anding and
<br /> a�reement afi�he parties as to the mat�ers set fvr�h in this Deed af Trust. Nv a�teration of or amendment to this
<br /> D�ed o�T�ust shall b� ��fiecti�e unl�ss gi�en in writing and signed by the party�r parties sQught�o be char�ed or
<br /> bvund by the alteration or amendmen�.
<br /> Annuaf Repor�s. lf the P�-aperty is used �For purpvses ather than Trus�or's residence, Trustar shall furnish to
<br /> Lender, upon r�ques�, a certified sta�remen� vf net operating income recei�ed from fih� Proper�y during Trustor's
<br /> pre�ious fiscal yaar in such form and de�ail as Lender shall require. "Net operating income" shall mean all cash
<br /> rece�p�s�rom�he Property�ess al[cash expenditures made in cvnne�tion wi�h the operatian�f the Praper�y.
<br /> Caption Headings. �ap�ion headings in �his ❑eed of Trust ar� fo� cvn�enience purpases only and are no�t to be
<br /> used�o interpret or define the pro�isions of this Deed �f Trust.
<br /> Nlerger. There shal� b� na merger of the intsrest ar estate created by�his Deed ofi Trust wi�h any other interes� or
<br /> es�at� in�he Praperty a� any time he�d by or fvr th� benefit o�F Lender in any capaci�y. without the written �ans�nt
<br /> af Lender.
<br />
|