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201404183
<br /> D�ED OF TRUS�'
<br /> Loan No: 1 1 1 1 292-3 (Contit�ued� Page 6
<br /> of Trust and any other security now or hereafter heid by Lend�r vr Trustee in such order and manner as they or
<br /> either of them may in their absolute rfiscretinn determine. No remedy con4erred upon or reser�ed to Trustee or
<br /> �ender, is intended to he exclusive of any other remedy in tF�is Deed of Trust or by law pravided or permitted, but
<br /> each shall be cumulative and shal6 be in add9tion to e�ery other remedy gi�en in this Deed of Trust or naw or
<br /> hereafter existing at law or in equity nr by statute. Every power or remedy g9ven by the Nate or any of the Related
<br /> �ocuments to Trustee or Lender or to which either of #hem may be otherwise entitled, may be exercised,
<br /> concurrently ar independently, from time to time and as often as may be deemed expedient 6y Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nathing in this Deed of Trust shall be construed as
<br /> prohibiting l�ender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> ]aw. Election by Lender to pursue any remedy shalE not exclude pursuit of any other remedy, and an election to
<br /> make expencfitures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Request for Motice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of �efault
<br /> ar�d a copy of any Notice of Sale under this Deed af Trust be mailad to them at the addresses set farth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees: Expenses. If Lender institutes any s�it or action to enfarce any of the terrns of this Deed oF
<br /> Trust, Lender shall be entitled #o recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is invalved, and to the extent not prohibited by law, aIl
<br /> reasonable expenses Lender incurs tE�at in Lender's opinion are necessary at any time for the protection of its
<br /> interest or the enforcement of its rights shall hecame a part of the Indehtedness payabfe on demand and shall bear
<br /> interest at the Note rate frnm the date of#he expenditure until repaid. Expe�ses covered by this paragraph include,
<br /> witF�out limitation, hawever subject to any limits under applicable law, Lander's attorneys' fees and Lender's lega]
<br /> expenses, whether or nat there is a lawsuit, including attomeys' fees and expenses for bankruptcy prpceedings
<br /> {inGuding efforts to modify or vacate any automatic stay or injunction), appea[s, and any anticipated post-j�dgment
<br /> collection services, the cost af searching records, obtaining title reports iincluding foreclosure reportsl, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees for ihe Trustee, to the extent permitted by applicahle law.
<br /> Trustor aEso will pay any court costs, in addition to a�l other sums pro�ided 6y law.
<br /> R9ghts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS A[�� OBLIGA`fIONS 4F TRUSTEE. TF�e tollowing provisions relating to the powers and obligations af Trustee
<br /> are part of this Deed of Trust:
<br /> Powars af Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br /> take the following actions with respect to #he Property upqn the written request of Lender and Trustor: (al join in
<br /> preparing and filing a map or plat of the Real Property, including the dedicatian o# streets or other rights to the
<br /> public; (bl join in granting any easement or creating any restriction on the Real Property; and {c) join in any
<br /> subordination or ather agreement affecting this Deed of Trust or the interest af Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect ta alE or any part of the Property, the Trustee shall have the right to
<br /> fareclose hy notice and sale, and Lentter shall have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the fufl extent provided by applicable law.
<br /> Successor Trustee. Lender, 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 instrurrsent executed and acknowledged hy Lender and recorded in the
<br /> office of the recorder of Hall County, State of Nebraska. �he instrument shall contain, in additian #o all otF�er
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page {or
<br /> computer system reference] where this Deed of Trust is recorded, and the name and address of tlie successor
<br /> trustes, and the instrument shall be executed and acknowledged by all the beneficiaries unc[er this Deed of Trust or
<br /> their successors in interest. �"he successor trustee, without conveyance of the Property, sha[I succeed to all the
<br /> title, power, and duties canferred upan the Trustee in Yhis Deed of Trust and by appliceble law. This procedure far
<br /> substitution of Trustee shall govern to the exclusion of all pther provisions for substitution.
<br /> NQTICES. Any notRce required to l�e given under this C?eed of Trust, including without limitation any notice of defau[t
<br /> and any notice nf sale shall be given in writing, and shall be effective when actually delivered, when actually recei�ed
<br /> by telefacsimile {unless otherw9se required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> maifed, when deposited in the United States mai[, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this I]eed af Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has prinrity over Yhis Oeed of Trust shall be sent to Lender's address, as shawn near the beginning of
<br /> this Deed of Trust. Any party may change its address for no#ices under this Deed of Trust 6y 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, Trus#or agrees to keep Lender infarmed at all times of Trustor's current address. Unless otherwise provided
<br /> or required by law, if there is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISC�LLANEOU5 PROVISIONS. The following miscellaneaus provisions are a part of this �eed of Trust:
<br /> Amendments. This Deed of Trust, together with any Refated nocuments, constitutes the entire understat�ding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. �[o alteration of or amendment to this
<br /> Deed of Trust shal{ be effecti�e unless given in writing and signed by the party or parties spught to be charged or
<br /> bound by the alteration or amenciment.
<br /> Aronuaf Reparts. If the Property is used for purposes other than Tcustor's residence, Trustor shall furnish to
<br /> Lender, upon requesY, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscai year in such form and detail as Lender shal{ require. "Net aperating income" shall mean all cash
<br /> receipts from fhe Property less a!I cash expenditures made in connection with the operation o€the Property.
<br /> Caption Headings. Cap#ion headings in this Deed of Trust are for con�enience purposes only and are not to be
<br /> used to interpret or define the provisions of this C]eed of 7rust.
<br /> Merger. There shall be no merger of the interest or estate crea�ed by this C]eed of Trust with any oiher interest or
<br /> estate in the Property at any time held by or for the 6er�efit of Lender in any capacity, without the written consent
<br /> af Lender.
<br /> Go�erning Law. This Deed o€ Trust will be governed by federal law applicable to Lender and. #o the extent no#
<br /> preempted by federal law,the laws of the 5tate of Nehraska without regard to its conf[icts of law prauisions. This
<br /> Deed of'Trust has been accepted by Lender in the State of Ne6raska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Wall Cflunty, State of Nebrasfca.
<br /> Joint arod Se�eral Liability. All obligations of Borrower and Trustor under this Deed of Trust shell be joint and
<br /> se�eral, and all references to Trustor shall mean each and every Trustor, and all references to Borrawer shall mean
<br /> each and e�ery Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust. Where any one or more of the parties is a corporation, partnership, limited lia6ility company or similar
<br /> entity, it is not necessary for Lender to inquire in#o tha powers of any of the officars, directars, partners, members,
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