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201500966
<br /> DEED OF TRUST
<br /> Loan IVo: 1C101260�v [Continued] Page 6
<br /> Attorneys° Fees; Expenses. If Lender institutes any suit or action to enforce any of the terrris of this Deed of
<br /> Trust, Lender shaA be entitfed to recover such sum as the court may adjudge reasonable as attarneys' fees at tria]
<br /> and upon any appeal. Whether or not any cvurt action is invo]ved, 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 protection of its
<br /> interest or the enforcemer�t of its rights shaA become a part of#he Indebtedness payable on demand and shali hear
<br /> interest at the Note rate from Che date of the expenditure until repaid. Exgenses covered by this paragraph include,
<br /> without limitation, however subject to any limits under applicab[e law, Lender's attorneys' fees and Lender's legal
<br /> expenses, wheiher or not there is a [awsuit, including attorneys' fees and expe�ses for bankruptcy proceedings
<br /> {incl�ciing efforts to modify or vacate any automatic stay or injunction}, appeals, and any anticipated post-judgrr3ent
<br /> collection services, the cost of searehing reeords, obtaining tit[e reports {including foreclosure reparts}, surveyors'
<br /> reports, and appraisa! fees, title insurance, and �ees far the Trustee, to the extent permitted by applicable law.
<br /> Frustor also will pay any court costs, in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shall have all of#he righ#s and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligatians of Trustee
<br /> are part of this Deed af Trust=
<br /> Powers af Trustee. 1n additian to all powers of Tsustee arising as a matter of law, Trustee shal! have the power to
<br /> take the following actions wi#h respect to tf�e Property upon the written request of Lender and Trustor: (a) join in
<br /> preparing and filing a map or plat of the Fieal Property, inc[uding the dedication of streets or other rights to the
<br /> public; {b} join in granting any easement or creating any restriction on ihe Real Property, and ic) join in any
<br /> subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet ap qualifications required for Trustee under applicab[e law. !n addition to the rights
<br /> and remedies set forth abave, wiEh respect to all or any part of the Property, the Trustee sha[I ha�e the right to
<br /> foreclose by notice a�d sale, and Lender wi[I have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extant provided by applicable law_
<br /> Successor Trustee. Lender, at Lender's option, may from time ta time eppoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instsument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hall County, State ot Nebraska The instrurrcent shall contain, in addition to all other
<br /> matters required by state 1aw, the names of the arigina[ Lender, Trustee, and Trustor, the book and page ior
<br /> computer system reference} where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrument shall be executed and acknowledged by al1 the beneficiaries under this fleed of Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shal[ succeed to afl the
<br /> title, power, and duties conferred upon the Trustee in this �eed of Trust and by appiicable law. This procadure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisians for substitution.
<br /> NbTICES. Any notice required io be given under this Deed of Trust, including wifihout lirr�itation any notice o# default
<br /> and any notice of sale shali be gi�en in writing, and shal[ be effecti�e when actually delivered, when actually received
<br /> by telefacsimile iunless otherwise req�ired by law), when deposited with a natianally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Qeed of Trust. All copies of notices of foreclosure from the holder at
<br /> any lien which has priority over this Deed of Trust shalE be sent to Lender's address, as shown near the beginning of
<br /> this �eed of Trust. Any person may change h'ss or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or perso�s, specifying thai the purpose of the notice is to change the person's
<br /> address. For noEice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trusior, any notice given by Lender to any 7rustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from lender.
<br /> MISCELLANEC�t1S PFtOV15[ONS. 7he fiollowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Relateci Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br /> this Deed of Trust must be in wriiing and musi be signed by whoever wi[I be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Capt'son 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 Deed of Trust.
<br /> Merger. There sha11 be no merger of the interest or estate created by this Deed of Trust with any other'snterest or
<br /> estate in the Property at any time held 6y or fior the benefit af Lender in any capacity, wit[�out the written consent
<br /> of Lendar.
<br /> Gpverning Law. This Deed of Trust wi[1 he ga�emed hy federal law applicable to Lender ar�d, to the extent not
<br /> preempted by federal law,the laws of the 5tate of Nebraska without regard to its conf[icts of Eaw provisiqns. This
<br /> Deed of Trust has 5een accep#ed by Lertder irt the State of Nebraska.
<br /> Ch�ice of Ven�e. If there is a lawsuit, Trustor agrees upan Lender's request to submit to the jurisdiction of tE�e
<br /> courts of Hall CounEy, State of Ne6raska.
<br /> Joint and 5e�eraf Lia6ility. All o6ligations pf Trustpr under th'ss Deed of Trust shaEl be joint and severa[, and all
<br /> references to Trustor shall mean each and e�ery Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Wai�er by Lender. Tr�stor understands Lender will not give up any o€Lender's rights under this �eed of Trusi
<br /> unless Lender does so in wriiing. The fact that Len�er delays or omits to exercise any right will not mean that
<br /> �ender has given up that right. If Lender doss agree in writing to give up one of Lender's rights, that does not
<br /> rrcean �rustor wil! not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Le�nder does consent to a request, €hat does not mean that Tsustor will not have to get Lender`s consent
<br /> again if Ehe situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Le�der wi[I be required to consent ta any of 7rustor's future requests.
<br /> Trustor waives presentment, derrtand for payment, protest, and notice of d'sshonor.
<br /> Severability. !f a court finds tf�at any provision of this Deed of Trust is not vaEid or s[�ou[d not be enforced, tha#
<br /> fact 6y itse[f wi[I not mean that the rest of th'ss Desd of Trust wil! not be valid or enforced. Therefors, a court will
<br /> enforce the rest of the provisions af this Deed of Trust even if a provision ofi this Deed of Trust may 6e found to be
<br /> invalid or unenforceable.
<br /> Saeeessors and Assigns. Subject to any ]imitations stated in this Deed of �rust on transfer nf Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. lf
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice ta Trustor, may
<br /> deal wiih Trustor's successors with reference to this Deed of Trust and the Indebtedness hy way of forbearance or
<br /> extension without releasing Trustar from the obligatio�s of this Deed oir Trust or liability under the Indebtedness.
<br /> Time is off the Essence. Time is of the essence in the performance of this �eed of Trust.
<br /> Wai�e Jory. A[1 parties to#his Deed of Trust hereby wai�e the right to any j�ry trial in any action, proceeding, or
<br /> co�nterc[aim brought by any party against any other party.
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