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201404184
<br /> DE�D OF TRUST
<br /> Loan IVo: 1 1 1 1 292-3 {Contonued� Page 6
<br /> hereafter existing at law or in equity or 5y statute, �very power or remedy given by the Note or any of the Reiated
<br /> Documents to trustee or Lender vr to which either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as may be deemed expedien# by Trustee or Lender,
<br /> and either o4 them may pursue inconsistent remedies. Nothing in this Deed of Trust shafl be construed as
<br /> prohibiting Lender from seeking a deficiency judgment agaRnst the Trustor to the ex#ent such action is permitted by
<br /> iaw. Electian by Lender to pursue any remedy shall not exclude pursuit af any ather remedy, ant[ an election to
<br /> make expenc[itures or to take actiqn to perfarm an obligation of Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not affect Lender's right to daclare a tiefault and exercise its remedies.
<br /> Request far Notice. Trustor, on behalf of Trustor arsd Lender, hereby requests that a copy o#any Notice of Default
<br /> and a copy of any Notice of Sale under this Deed of"Trust be mailed to tfiem at the addresses set forYh in the first
<br /> paragraph of this Deed of Trust.
<br /> A#torneys' Fees; Expenses. If Lender institutes any suit or ac#ion to enforce any of the terms of this beed of
<br /> Trust, Lender shall be entitled to recaver such sum as the court may adjucige reasonable as attorneys' fees st trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the exten# not prohibited by law, all
<br /> reasonabie expenses Lendar incurs that in Lender's opinian are necessary at any time for the protection of its
<br /> interest ar the enforcement ofi its rights shall become a part of the Indebtedness 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 to any limits under app[icable law, Lender's attorneys' fees and tender's legal
<br /> expenses, whether or not there is a IawsuiY, including attorneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify or vacate any automatic stay or injunction}, appeals, and any anticipated ppsE-judgment
<br /> coflection services, the cost of searching recards, obtaining title reports {including #oreclosure reportsl, surveyors'
<br /> reports, and appraisal #ees, titEe insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Trusior also will pay any caurt costs, in addition to all other sums provided hy iaw.
<br /> Rights of Srusiee. Trustee shalf have al!of the rights and duties of Lender as set forth in this section.
<br /> PDWERS AND OBLIGATIONS OF'fRUSTEE. The folfowing provisions relating #o the powers and obligations of Trustee
<br /> are part af this deed of Trust:
<br /> Powers of Tr�stee. !n addition to all powers of Trustee arising as a matter of law, irustee shall F�ave the power to
<br /> take the following actions with raspect to the Property upon the written request of Lender and Trustor: (a} join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to tlte
<br /> puhlic; {t�� join in granting any easem@nt or creating any restriction on the Real Property; and ;cl join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interast of Lender under#his Deed of 7rust,
<br /> Trustee. Trustee shalE meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above, with respect to all or any part af the Praperty, the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender shall have the right to #oreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by a�plicable law.
<br /> Successor Trustee. Lender, at Lender's option, may from tirne to time appoint a successor Trusfae to any Trustee
<br /> appointed under this Deed ofi Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office af the recorder of Hali County, State of f�ebraska. The instrument shall contain, in addition to all othar
<br /> matters required hy state law, Ehe narnes of the original Lender, Trustee, and Trustor, the bonk and page {or
<br /> computer system reference) where this Deed of Trust is recorded, and #he name and address of the successor
<br /> trus#ee, and the instrument shali be executed and acknowledged by all the beneficiaries under this Deed o€Trust or
<br /> their successors in interest. The successor trusfiee, without conveyance of the Property, shall succeed to ali the
<br /> title, power, and duties conferred uppn the Trustee in this Deed of Trust and by appiicable law. TF�is procedure far
<br /> substitution of`irustee shall go�ern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required ta be given under this Deed of Trust, including without limitation any notice of defau�t
<br /> and any notice of sa�e shall be given in writing, and sha11 be effective when actually delivered, when actualiy recei�ed
<br /> by telefacsimile (unless otherwise required by lawf, when deposited with a natioroally recognized ovarnight courier, or, if
<br /> maiEed, when deposited in the United 5tates mai[, as first class, certified or registered mail postage prepaid, directed ta
<br /> the addresses shown near the b�ginning of this Deed af Trust. All copies of notices of foreclosure from #he hvlder of
<br /> any lien which has priority over this Dead of Trust sha[I be sent to �ender's address, 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 /> notice to the other parties, specifying that the purpose of #he natice is to change the party's address. For notice
<br /> purposes, Trustar agrees to keep Lender informed at all times of Trustor's current address. UnEess atherwise provided
<br /> or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> gi�en to all Trustors.
<br /> lVIISCELLANEOUS PRQVISIONS. The follawing miscel[aneous pro�isions are a part of this Deed of Trust:
<br /> Amendments. This deed of Trust, together with any Related �oc�ments, constitutes the entire understanding ar�d
<br /> agreement of the parties as to th� matters set forth in tf�is ❑eed af Trust. No afteration of ar amendment to this
<br /> Deed of Trust shall 6e effeative unless given ir� writing and signed by the party or parties sought#o be charged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. lf the Property is used for purposas ather than 7"rustor's residence, Trusior shafl furnish to
<br /> Lender, upon requesY, a certified statement of net opera#i�g income received from the Progerty during Trustor's
<br /> previous fiscal year in such form and detail as Lander shall require. "f�et operating income" shall mean all cash
<br /> receipts fram the Property less all cash expenditures made in connection with the operation of the Praperty.
<br /> Caption Headings. Caption headings i� this I7eed of Trust are for canvenience purposes only and are not to be
<br /> used to interpret or define the provisions af this �eed of Trust.
<br /> Nferger. There shaEl be no merger af the interest or estate created by this Deed ofi Trust with any other interest or
<br /> estate in the Property at any time held by or fnr the benefit of Le�der in any capacity, without the written consent
<br /> of Lender.
<br /> Governiog Law. This Deed of Trust wi[I be governed 6y federal Isw appfica�le ta Lender and, to tha extent not
<br /> preempted by federa[law,the laws of#he 5tate of�1lebraska without regard tn its conflicts of law pro�isions. This
<br /> Deed of Tr�st has been accepted by Lender in the 5tate of Nebraska.
<br /> Cho9ce of Venue. If there is a lawsuit, TrusYor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and 5everal Liability. A[I obligations of Borrower and 7rustor under this Qeed of Trust shall be joint and
<br /> se�eral, and all references to Trustor shall mean each and every Trustor, and all references to Borrpwer shall mean
<br /> eacF� and e�ery Barrower. This means that each Trustor signing below is responsible for all obligations in this Qeed
<br /> of Trust.
<br /> No Wai�er hy Lender. Lender shall not be deemecf to have waived any rights under this Deed o#Trust unEess such
<br /> waiver is given in writing and signed 6y Lender, Nv delay or omission an Yhe part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a pro�ision of this Deed of Trust
<br /> shall not prejudice or constitu#e a waiver of l�ender's right otherwise to demand strict compliance wi#f� that
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