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201404751
<br /> DEED OF TRUST
<br /> Loan No: 81005941 (COt1�111U�d) Page 6
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br /> Truscee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitEed to enforce this �eed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they ar
<br /> either of them may in their absolute discretion determine. [�o remedy conferred upon or reserved 'to 7rustee or
<br /> Lender, is intended to be exclusive of any other remedy in this Deed of Tre�st or by law provided or permitted, but
<br /> each shall be cumulative and shall be in addition to every o#her remedy given in this �eed of 7rust or now or
<br /> hereafter exisFing at law or in equity or by statute. Every power or remedy gi�en by the Note or any of the Related
<br /> �ocumen#s Yo Trustee or Lender or to whieh either of them may be otherwise entitled, may be exercised,
<br /> concurrently or independently, from time to time and as often as rnay be deemed expedient by Trustae or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this �esd of Trust shall be construed as
<br /> prohibitin� Lender from sesking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law. EEection by Lender to pursue any remedy sha[I not exclude pursuit of any other remedy, and an election #o
<br /> ma&e expenditures or to take action to perform an obligation of Tr�stor under this Deed of Trust, a#ter Trustor's
<br /> failure Yo perfarm, shall not affect Lender's right to declare a defauEt and exercise its remedies.
<br /> Request for 1Not[ce. Trustor, on behaEf of Trus#or and Lender, hereby requests that a copy of any EVotice ot Default
<br /> and a copy of any IVotice of Sa[e under this deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys° Fees; Expenses. If Lender institutes any suit or action to enfarce any of #he terms of this Deed of
<br /> TrusF, Lertder shalE be en#itled to recover such sum as the court may adjucige reasonab[e as attorneys' fees at Yrial
<br /> and upon any appeal. WhetY�er or not any court action is involved, and to xhe extent not proF�ihited hy law, all
<br /> reasonable expenses Lender incurs that iro Lender's opinion are necessary at any time for the protection of its
<br /> interest or the ertfarcement of its rights shall become a parE of the Indebtedness peyab3e on demand and sha[I bear
<br /> interest at the Note rate fram the date of the expenditure until repaid. Expenses co�ered 6y this paragraph include,
<br /> without limitation, however sub�ect to any limits under appiica6le faw, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> {including efforts to modify ar vacate any automatic stay or injunction}, appeals, and any anticipa#ed posUjudgment
<br /> collec4ion services, the cost of searching records, obtaining #itle reports {including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicabEe law.
<br /> Trustor aEso will pay any Court cosis, in addition#o all other sums provided by law.
<br /> Rights af Trustee. Trustee shali have alf of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIQNS OF TRUSTEE. The fal]owing provisions relati�g to the pawers and obligations of Trustee
<br /> are part of this Deed of 7rust:
<br /> Powers of Trustee. In addition to al! powers of Trustee arising as a matter of law, Trustee shall have the power to
<br /> take Ehe folfowing acEians with respect to the Property upon the written request af Lender and Trustor. {a}join in
<br /> preparing and filing a map or plat of the Real Properry, inc[udi�g the dedica#ion of streets or other rights to the
<br /> puhlic; Ib} �pin in granting any easemen# or creating any restriction an #he Rea1 Praper#y; and (c} join in ar�y
<br /> subordination or other agreement afifiscting ihis Deed o#Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee sha[I rreeet all quaGficaEions required for irustee under applicable law. In addition to the rights
<br /> and rernedies set forth above, with respect to al[ or any part of the Property, the Trustee shal] have the r9ght to
<br /> forec[ose by notice and sale, and Lender shal[ ha�e the right to foreclose by judicial forecl�sure, in either case in
<br /> accordance w9th and to the full extent provided by applicaBle law.
<br /> SuccessoP Trustee. Lender, at Lender's option, may from time ta time appoint a successor Trustee to any Trustee
<br /> appointed �nder this Deed of Trust hy an instrument exec�ted and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall Caun#y, State of Nebraska. The instrument shall contain, in additian to all other
<br /> matters required by state law, the names of the origina[ Lender, Trustee, and Trustor, the book and page [or
<br /> computer system reference� where this Deed of Trust is recorded, and the �ame and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by al]the benefic9aries under this Desd of Trust or
<br /> tf�eir successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution af Trustee shalf govern to the exclusion of afl other provisions for s+�bstitu#ion.
<br /> NdT[CES. Any natice required to be give� under this Deed of Trust, ir�cluding without limitation any notice of default
<br /> anci any natice of sale shall be given in writing, ancf shal[ be effective when actually cfelivered, when actually received
<br /> by telefacsimile iunless otherwise required by law}, when deposited with a nationa[ly recog�ized overnight courier, or, if
<br /> mailecl, when deposited in ihe United States mail, as first class, certified or registered mail postage prepaid, cfirectad to
<br /> the addresses shown near the beginning of this ❑eed of Trust. All copies af notiees of foreclosure from the holder of
<br /> any ]ien which has priarity over this Deed of Trust shalf 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 afi �rust by gi�ing forma[ written
<br /> natice to the other parties, specifying tF�at the purpose of tF�e notice is to change the parEy's address. For notice
<br /> purposes, �rustor agrees to keep Lender informed at all times of Trustor`s c�rrent address. Unless otherwise provided
<br /> or required by 1aw, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be noYice
<br /> given to all Truscors.
<br /> MISCELLANEOUS PROVESIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> AmendmerYts. This Deed of Trust,together with any Related 17ocuments, constiEutes Ehe entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration af or amendment to this
<br /> Deed of Trust shalE be effecEive unless given in writing and signed by the parEy or parties sought to be cf�arged or
<br /> bound by the alteration or amendment.
<br /> Annaal Reports. If the Property is used for purposes other than Trustor's residence, Trustor shalE furnish to
<br /> Lender, upon request, a oertified statement of net operating income received from the Property during Trustor's
<br /> pre�ious �Fiscal year in such form and detai[ as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts from the Property less all cash expenditures made in cannection with the operation of the Property.
<br /> Caption Headings. Caption headings in this Qeed of Trust are for convenience purposes onfy and are not to be
<br /> used to iraterpret ar define the provisions of this Deed of Trust.
<br /> Merger. There shall be no rnerger of the interest ar esta#e created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time f�eld by or far the ber�efit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governe� by federal law applicable to Lender and, to the e�ctent not
<br /> preempteaf by federal law,the laws of the 5tate af IVebraska without regard to its conflicts of law provisions. This
<br /> Deed of"!"rvst has been accepted by LeRder in the 5tate af Nebraska.
<br /> Choice of Venae. If there is a ]awsuit, Trustor agrees upon Lender's request ta submit to the jurisdictian of the
<br /> couris of Half Gaunty, State of NeEaraska.
<br /> Joint and 5everal Liability. A[I obligations of Borrower and Trustor under this Deed of 3rust shall be joint and
<br /> several, and all references to Trustor shafl mean each and every 7rustor, ar�d aEl references to Borrower sE�all mean
<br /> each and every Borrawer. This means that each Trustor signing be[ow is rasponsi6le#or all obligations in this Deed
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