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' 201406488
<br /> ' DE�� OF' TRU�T
<br /> (Continuedj' Page 6 '
<br /> paragraph of this Deed of Trusf.
<br /> Attorneys' Fees; Expenses. [f lender'institutes any suit or action tv enforce any of the terms'of this Deed of
<br /> Trust, Le�der'shall be'entitled'#o recov�r such sum as ihe court'may adjudge reasonable as attorneys' fees at trial '
<br /> and upon any appeaf.' Whether or not any court action is involved, and to the extent not prohibited by'law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protectior+ of its '
<br /> interest or the enforcement of'its rights shall become a'part af the IndebYedness payable on demand and shall bear
<br /> interest at the Note rate from the date of tMe expenditure until repaid. Expenses eovered by this paragraph include, ,'
<br /> without limitation, however subject tc�any limi#s under applicable 1aw, Lender's attoeneys' fees and Lender's legal '
<br /> e�cpenses, whether or not the�e is a lawsuit, including',aiforneys' fees and e�cpenses for'bankruptcy proceedings ,'
<br /> (including efforts to modify oe vacate any automatic stay or injunc#ion), appeals,and any anticipated post judgmsnt
<br /> coilection services, the ccast of searching recc�rds, obtaining title reports(ineluding foreclosure reports), surueyors'
<br /> reports, and appraisal fees, titie insurance, and fees for the Trustee, ta the extent permitted by applicable law.
<br /> Trustor also wiil pay�ny court'costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trus#ee shall have all of the rights�nd dufies af Lender as set forth in this section.
<br /> PC�4At�R5 AND OBLIGATIONS OF TRUST��. The foilowing pravisions relating to the powers and obligations c�f'7rustee
<br /> are part of this Deed of Trust:
<br /> Posa�rs of Trustee. In addition to all powers of'Trustee arising as a matter of law,Trustee shall have the power to '
<br /> take'the following aetions with respect to the Property'upon the written,Irequest of LendeP and Trustor: (a)join in
<br /> preparing and filing a'map or plat of the Reai'Property, including tne dedication'of streets or ofher righ#s to the '
<br /> public; (b) join in granting any easement or creating any rest�iction on the Real Property; and' (c) join in any
<br /> subordination'or Otheragreement a#fecting this'Deed af ITrust or'ihe interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee underl applicable law. 'In addition to the rights '
<br /> and remedies set forth above; with respect to'aN or any part of the Property, th'e Trustee shall have fhe,'righ#to '
<br /> foreGose by'notice and sale, land Lender will have the,'right to'foreciose by judicial foreclosure, in either'cese in
<br /> acco�dance wifh and tcs the full extent provided'by applicable law.
<br /> Successor 7'rustee. Lender,at Lender's option; may from time#o time appoini a successor 7rustee to any,Trustee '
<br /> appointed under this De�d of Trust byj an instrument executed lar�d acknowledged by Lender and recorded in the
<br /> office of the recorder of Hali'Caunty,``,State of Nebraska. The instrument shall contairr, in addition to all other '
<br /> matters required by state law, the names of the original Lender, Trustee, and'Trustor; the book a�d page (ar '
<br /> �omputer system reference) where this Deed lof Trust"is recorded, and the name and address af the successor '
<br /> trustee, and the insteument shall be executed and acknowledged'by all the beneficiaries under this'Deed of 7rust or'
<br /> their'successors in interest. The successor trustee, witriout conveyance of the Property', shall succeed ta all the '
<br /> title,''power,and duties confer�ed upon the Trustee in this Deed of Trust and by applicable law. This pracedure for '
<br /> substitution of Trustee shall govem to the exclusion of all other provisiQns for substitution:'
<br /> NO7ICES'. Any notice required to'be given'under this Deed'caf Trust, including without limitation any natice of default '
<br /> and any notiee of'sale shail be given in writing, and shall be effective wtren aetually delivered,when actuaily received '
<br /> by telefaesimile(unless oth�rwise required by law),when depasited with a n�tionally recognized avemight courier,or, if
<br /> rrrailed,when tlepasited in''the United States mail, as first class, certified or registered'mail postage prepaid, directetl to '
<br /> the addresses shown near the beginning of this Deed of Trust. Ap copies of notices`of foreel'osure from the holder of
<br /> any lien which nas priority ouer this Deed of Trust'shali be''sent to ILender's address; as shown near the beginning of'
<br /> this Deed af Trust. Any;,person may change his or her address for'notices'under this Deed of Trust by giving formal '
<br /> written notice to 'the other person or peesons, specifying ,that the purpose of tha notice is'to change the person's '
<br /> atldress. 'For notics purposes,Trustor agrees to keep Lende�informeQ at all times of Trustor's'current adtlress, Unless'
<br /> ofiherwise provided or required by``Jaw, if there is mare than one Trustor, a�y notice,given by;,Lender to any T�ustor is'
<br /> deemed to be notice given>to all Ttustors, It wiil be Trustor's responsibility to,tell the Others of the notice from Lender.
<br /> �15CELLl���OUS PROVISE��1�. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What''is written in this'Dee4i of Trust and in the Related'Qocuments is Trust4r's entire agreement'
<br /> with''Lender conceeni�g the matters Covered by this Deed of Trust. To be effecti�e, any,change or arnendmen#to
<br /> this'Deed of Trust must be in''writing and must be signed by whoever will be bound or obligated by the change or'
<br /> am�;ndment. '
<br /> Caption Headings. Caption headings lin this Deed of Trust are'for convenience`purposes only and are not to be'
<br /> used to interpret or define the;provisions af thls Deed of Trust.
<br /> �4Yerger. There shall be na merger af the interest or estafe created by this Deed of Trust with any`other interest ar'
<br /> esta#e in the Prt�perty,at any fime held'by or for the benefit of Lender in``,any capacity,without the written cansent'
<br /> af Lender.
<br /> Governing Law. This Deed of Trust wili be governed Iby federal law applicabfe'to Lender and, ta the extent not
<br /> preempted by federal'law,the laws of>the State of Nebraska without regard to ifs conflicts of law,prouisions. This'
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Na Waiver by Lender. Trustor u�derstands Lender wiil not give'up any of Lender's rights'under this Deed of Trust'
<br /> unless Lender does so in writing. The fact that Lend�r delays or omits to exerciss 2ny right will not mean that'
<br /> Lender has given up'that right. If Lender does agree in writing ta give up one o# Lender's rights, that does not'
<br /> mean Trusto�will not have to comply with the other provisions of this'Deed of Trust. Trustor alsca understands'
<br /> that'if Lender does eonsent ta a request, that'does not mean that Trustor wiil Inot have to get Lender's cansent
<br /> again if the situation'happens again. Trustor further understands fhat just because Lende�consents ta one'ar more'
<br /> of Trustor's Irequests, that does not mean Lender will be required to consent to'any of 7rustor's future requests.
<br /> Trustor waives presentment,demand for payment,protesf,and notice of dishono�.
<br /> 5everability.' If a court finds that any prouision of this Deed caf Trust is not valid or should nQt be enfarced, that'
<br /> facfi,by itself'will not mean that the rest of this[�eed qf Trust will not be valid oe enEorced. Therefpre, a court wiil'
<br /> enfotce the rest of the provisians of this Deed r�f Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Suceessors and Assigns. Subject ta any fimitations stated in this Deed of Trust on transfer of Trustor's 3nterest,'
<br /> this'Deed of Trust shall be binding upcan and inure to It�e benefit of the parties,`their successors and assigns. If
<br /> ownership of the Praperty becomes vested in a person other than Trustor, Lender,without notice to Trustor, may,'
<br /> deal with Trustor's successors with reference to this Deed of Trust and Ithe Indebtedness'by way of#orbearance or
<br /> extension without releasing Trustor from tne obligations of this Deed of Trust or liability under the'Indebtedness.
<br /> Time is af tf�e Essence. Time''is of the essence in tne performance of this Deed of Trus#. '
<br /> Waive Jury. ',All parties to this Deed of Trust hereby waive the right to,'any jury'trial in any aGtion, proceeding, or'
<br /> counterclaim'brought'by any party against any'other party.
<br /> �Y�iver of Homestead Exemption. Trustor he�eby releases and waives aIl rights and taenefits of the homestead'
<br /> exemption laws of the State of Nebraska as to'all Indebtedness secured by ihis Deed of Trust.
<br /> DEFIP�1`FIONS. The follawing words shall have the following meanings when usetl in this Deed of Trust:
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