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201404182
<br /> DEED OF TRUST
<br /> Loan No: 17'{1292-3 (Contirmued] �age 6
<br /> of sale. Trustee shall deliver to such purchaser or purchasers thereo€ its good and sufficient deed ar
<br /> deeds con�eying the property so sold, but without any covenant or warranty, express or implied. The
<br /> recitals in such deed of any matters or facts shalf be conclusive proof of the truthfulness thereaf. Any
<br /> person, including without iimitation i"rustor, Trustee, or Lender, may purchase at such sale.
<br /> {b) As may be permiYted by law, after deducting al� costs, feas and expenses of Trustee and af this
<br /> Trust, ine[uding costs of e�idence of tit[e in connectivn with sale, Trustee shall app[y the proceeds af saie
<br /> to payment of {;) all sums expended under the terms of this Deed of Trust or under the terms of the IVote
<br /> nat then repaid, including but not [imited to accrued interest and late charges, {ii) alE other sums then
<br /> secured herehy, and {iii} the remainder, if any, to tha person or persons [egally entitled thereto.
<br /> (c} Trustee may in the manner provided by Eaw postpone sa[e of al{or any portion of the Property.
<br /> Fiemedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to en#orce payment and
<br /> performance of any indebtedness or obligations secured by this Deed af Trust and to exercise a[I rights and powers
<br /> under ihis Deed of Trust, under the Note, under any of the Releted Documen#s, or undar any other agreement or
<br /> any laws now or hereaf#er in force; notwithstanding, some or ail of such indebtedn�ss and obligations secured by
<br /> tf�is Deed of Trust may now or hereaiter be atherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, wE�ether by court
<br /> action or pursuant to the pawer of sale or other powers contained in this Deed of �rust, shall prejudice or in any
<br /> manner affect l"rustee's or Lender's right to reaiize upan or enforce any other security now or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Ler�der, and each of them, shall be entitled to enforce this �eed
<br /> o'f Trust and any other security now or hereafter held hy Lender or Trustee in such order and manner as they or
<br /> either of them may in their absalute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> L�nder, is intended ta be exclusi�e of any ather remedy in this Qeed of Trust or by law provided ar permitted, 6ut
<br /> each shall be cumulati�e and shall be in addition to e�ery other remedy given in this �eed of Trust or now or
<br /> hereafter existing a#law or in equity or by statute, Every power or remedy given by the Note or any nf the Related
<br /> Dacuments to Trustee or Lender or to which either of them may 6e otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may 6e deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from seeking a deficiency jucfgment against the Trustor to the extent such action is permitted by
<br /> law. Election by Lender to pursue any remady shall not exclude pursuit of any other remedy, and an election to
<br /> make expenditures or to take action to perform an obligation of Trustor under this �eed of Trust, after Trustor's
<br /> faifure to perfarm, shall not affect Lender's right to declar� a default and exercise i#s remedies.
<br /> Req�est far Notice. Trustor, on behalf o�Trustor and Lender, hereby requests that a copy of any Notice of Default
<br /> and a capy of any Notice of Sale under this Deed ofi Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; �xpenses. If Lender institutes any suit or action to enfarce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to recaver such sum as the caurt may adjudge reasona6le as attorneys' fees at trial
<br /> and upon sny appeal. Whether or not any court action is involved, and to the extent not prohi6ited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection af its
<br /> interest or the enforcement of its rights shall become a part of the Inde6tedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation, however subject ta any limits under applicable 1aw, Lender's attomeys' fees and Lender's legaE
<br /> expenses, wheYher or nofi there is a lawsuit, including a#torneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify or vacate any automatic stay or injunction), appeals, and a�y articipated post-judgment
<br /> collection services, the cnst of searching records, obfaining title reports [including foreclosure reports}, surveyors'
<br /> reports, and appraisal fees, titEe insurance, and fees for the Trustee, ta the extent permitted by applicable law.
<br /> Trustor also will pay any cnurt costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trust�e shal! have all of the rights and duties of I�ender as set forth in this sectian.
<br /> POWE.RS AND OBLIGATiONS OF TRUSTEE. The fallowing provisions relating to the powers and obligations of�rustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all pow�rs nf Trustee arising as a matter of law, Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written request o# Lender and Trustar: (a) join in
<br /> preparing and filing a map ar plat of the Reat Property, including th� dedication of streets or other rights to the
<br /> pu6kic; (b) join in granting any easement or creating any restriction an the Real Property, and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest af Lender under Yhis Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable iaw. In addition ta the rights
<br /> and ramedies set forth above, with respect to a11 or any part of the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender shall have the right ta foreclose by judiciai foreclosure, in either case in
<br /> �3ccordance with and ta the full extent provided by appliea6le law.
<br /> 5uccessor Trustee. Lendar, at Lender's option, may from time to time appoint a successor Trustee to any Tr�stee
<br /> appointed under this Deed of Trust by an instrument executed and acfcnowledged 6y Lender and recorded in the
<br /> oifice of the recarder of Nall County, State of Nebraska. The instrument shall contain, in addition ta all qther
<br /> matters required by sta#e law, the names of the original Lender, Trustee, and Trustor, the book and page {or
<br /> computer sys#em reference} where this �eed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall 6e executed and acicnowledged by afl the beneficiaries under this Deed of TrusY or
<br /> their successors in interest. The successor trustee, without conveyance of the �roperty, shall succeed #o ap the
<br /> title, power, and duties conferred upon the Trus#ee in this Deed of Trust a�d by applica6le law. This procedure for
<br /> substitution of Trustee shall gavern to the exclusion of all other prnvisions for substitution.
<br /> NOTICES. Any natice required to 6e given under this ❑eed of Trust, including without limitation any notica of default
<br /> and any notice of sale shall 6e given in writing, and shall be effective when actually defivered, when actually received
<br /> by telefacsimile {unless otherwise required by Iaw1, wfi�en depasited with a nationally recognized o�ernight courier, or, if
<br /> mailed, when deposited in the United 5tates mail, as first class, certifiesf or registered mail pastage pre�aid, directed to
<br /> the addresses sF�own near the beginning of tF�is Deed of Trust. All capies of notices of foreclosure from th� halder o#
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the 6eginning of
<br /> this Deed of Trust. Any party may change its address for notic�s under this Deed of Trust by gi�ing formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Trustor agrees Eo keep Lender informed at al! times of Trustor's current address. Unless otherwise provided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed Co be notice
<br /> given to all Trustors.
<br /> MESCELLANEOUS PROViSIDNS. The following miscellaneous provisions are a parC of this Deed of Trust;
<br /> Amenctments. This �eed of Trus#, #ogether with any Related Qocuments, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth i� this Deed ofi Trust. No a[teration of ar amendment to t�is
<br /> Deed of 7rust shall 6e effective unless given in writing and signed 6y the party or parties sought to be charged or
<br /> bound by the alteration or amandment.
<br /> Annual Reports. If the Property is used for purposes other �han Trustor's residence, Trustor shall fumish to
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