|
��1 5��44�
<br /> DEE� �F T'RUST
<br /> Laan N�: �❑1�8�3�3 �Cont�nued� Page 7
<br /> after Trustor's failure ta do so, that decision by L�nder will n��aff�Gt Lender's right to d�clare Trus�ar in de�ault
<br /> and to�xercise Lender's remedi�s.
<br /> Re�uest#vr iVotice. Trustor, an behalf vf Trus�or and Lsnder, hereby requests that a c�py of any N�tice af Defaul�
<br /> and a cvpy�f any {Votice of Sale under�his Deed of Trust be mailed to them at the addresses se�forth in the firs�
<br /> paragraph of this Deed of Trus�.
<br /> Attarneys' Fees; Expenses. ff Lender institu�es any sui� �r actian �to enforce any af the �erms af this D�ed of
<br /> Trust, Lender shalf be enti�[ed to re�over su�h sum as the caurt may adjudge reasana�le as attvrneys' �ees a��rial
<br /> and upvn any app�a[. Whether or nQt any �ourt action is in�alWed, and �o �he extent not prohibi�ed by faw, all
<br /> reasonabl� expenses Lender incurs #hat in Lender's opinian are necessary at any tim� far the pro�ec�ion o�F its
<br /> interest or�the snfor�ernen�ofi its righ�s shall becorne a part vf the lndeb�ledness payable on demand and shall bear
<br /> interest a�the IVote ra�e from the date of the expenditure un#il repaid. Expenses cavered by this paragraph inciude,
<br /> without limi�ation, howe�er subject�a any limits under applicabl� law, Lender's attorneys' �Fees and Lender's legal
<br /> e�cpenses, whether or not there is a lawsuit, including att�rneys' tees and expenses for banlcruptcy pra��edings
<br /> (including �f�For�s t�modify or�acate any automatic stay or injunctiony, appeals, and any anticipated past-judgm�nt
<br /> collec�i�n services, �he cost af searching records� ❑b�aining title repor�s [including fareclosure reportsy� sur�eyors'
<br /> repor�s. and appraisa3 ���s, �itls insurance, and fees for �h� Truste�, to �he �xtent perrnitted by applicable law.
<br /> Trust�r a�so will pay any caurt costs,in addition ta ali other sums provided by law.
<br /> Rights of Trustee. Trustee shalE have all of the rights and duxies of Lender as se�f�r�h in th�s sec�ian,
<br /> Pa11VER5 AND Q�LIGATI�NS �F TRUSTEE; Th�fol�awing pr�Wisi�ns relating ta the pflwers and obligatians of Trustee
<br /> are par�o�this Deed af Trust:
<br /> Powers o�Trus�ee. fn addition to all powers of Trustee arising as a ma�tter vf law, Trustee shalf haWe the power to
<br /> take the follavving actians with respe�t t��he Praperty upon the writ�en request o� Lender and Trustor: �a�jvin in
<br /> preparing and filing a map ar plat of the Real PrQperty, including �he dedica�ti�n a� strests or ather rights �a the
<br /> public; �by j�in in granting any easement or creating any restriction on the Real Property; and {�� join in any
<br /> subordinati�n�r other agr�ement a�Ffe��ing this De�d❑f Trust ar th�inter�st of Lend�r under�his Deed of Trust.
<br /> Trustge. Trus��e shall m�et afl qualifications required far Trustee under appCicable law, ln addi�ion �o the rights
<br /> and rernedies set for�h a�a�e, with r�sp�c� to all vr any part of fihe Proper�ty, the Truste� shall ha�e the right ta
<br /> fore�lose hy nv�ice and sale, and Lender will have the right �v �oreclose by judicial �areclvsure. in either case in
<br /> ac�ordanc�►nrith and t❑th�ful[ex�ent provid�d hy applicable�aw.
<br /> Successvr Trustee. Lender, at L�nder's opti�n, may from time ta time appaint a successQr Trustee�o any Trustae
<br /> appointed under this Deed oi Trus� by an instrument executed and acknawl�dged by Lender and recorded rn the
<br /> office o�the recvrder of HALL �ounty, State v� Nebraska� The instrument sha�l contain, in additian t❑ all other
<br /> matters required by state la`nr, the names of the ariginal Lender, Trustee, and Trust�r� the book and page �or
<br /> computer system r�ference� where this Deed vf Trust is recorded, and the name and address of the su��ess�r
<br /> trustee, and the instrument shall be execut�d and acknowledg�d by a1[the beneficiaries under this Deed af Trust ar
<br /> thei� successors in interest. The successar trustee, without canveyance af the Property, shall succeed ta al! the
<br /> tit[e, pawer, and duties canferred upan the Trustee in�his ❑eed o�Trus� and by appl't�able law. This procedur�for
<br /> substitution�f Trustee shall govern t❑the exciusian o�all o�her pro�isions for substitutivn,
<br /> N�TICES, Any nvtice required to be gi�en under this Deed vf Trust, including withaut limitatian any noti�e of defaul�
<br /> and any nvtice o�f sa�e shall be given in vvriting, and shall be effecti�e when actually deli�e�ed, when ac�ual�y received
<br /> by telefacsimile {unless ❑�therwise required by lav�ry, when deposited with a nationally recognized v�ernight courier,ar, if
<br /> mailed, wh�n deposifed in the lJnited States mail, as first class, c�r�ified or regis�ered mail posfiage prepaid, direc�ed to
<br /> the addresses shown n�ar�he beginning of this Deed of Trust. All c�pies of notices of fore�losure frarn the h�lder o�
<br /> any lien v�rhi�h has priarity a►�er�his Deed of Trust sha�l be sen� to Lender"s address, as shown near the beginning af
<br /> this D�ed af Trust. Any persan may change his ❑r her address for nati�es under this Deed of Trust by giving farm�l
<br /> written no�ice to the a�her person or persans, speci�ying that the purpase of the natice is ta �hange the person's
<br /> address. For natice purposes, Trustor agr�e�ta keep Lender infarmed at all times af Trustor's Gurrent address. Unless
<br /> otherwise provided or required by law, if there is m�re than ane Trustor, any notice given by Lender t� any Trustor is
<br /> deemed ta be natice gi�ren to all Trustars. lt will be Trustor's responsibiiity ta�e[I�he othe�s❑f the natice fram Lender.
<br /> iUl[SCELLANE�US PR�V151C�NS. The fvllowing mis�ellan�ous pro�isions are a part o�this Deed of Trus�:
<br /> Amendmenfs. Illlhat is wri�t�en in �his Deed o�Trust and in the Rela�ted Dacuments is Trustor's en�ire agreement
<br /> with L�nd�r Gon�ernfng the mat�ers co�ered by this Deed of Trust, T❑ ba ef�ective, any chang� or arnendment ta
<br /> this D�ed v�Trust must be in writin� and must be signed by whoeWer will be bound or ob�igate� by the change vr
<br /> amendrnent.
<br /> Capti�n Headings. Caption headings in this De�d of Trust are far con�enienc� purpnses anly and are not �� be
<br /> used ta interpret ar def�ne the pra�isions�f this Deed�f Trust.
<br /> IVlerger. There shall be no merg�r of the interest vr estate created by�his Deed of Trust with any oth�r interest or
<br /> �state in the PrQperty at any�ima held by or for the t�en�fit of Lender in any capaci�y, without the written consent
<br /> vf Lender.
<br /> Chaice vf Venue. ff�here is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisd�ctivn of the
<br />
|