|
��1 5�6441
<br /> DEE� ❑F TRU�T
<br /> ��ontin ued} Page 6
<br /> action Qr pursuant to the power of sale or other powers contained in this Deed of Trust, shall pre�udice or in any
<br /> manner affect Trustee's or Lender's r�ght to r�al��� up�n or enfvr�e any ather secu�ity n�w or hereafter hefd by
<br /> Trustee ar Lender, it being agreed that Trustee and Lender, and each of�hem, shall be entitled�o enforce this Deed
<br /> �f Trust and any oth�r security naw or h�reafit�r held by Lender or Trustee in �uch order and manner as they or
<br /> �ither vf �hem may in their absvlute d�scretion determine. No remedy can#erred up�n vr reser��d ta Trust�e or
<br /> Lender, is intended to be exGlusi�e af any other remedy in this Dee� of Trust❑r by law pro�ided ar permitted, but
<br /> �ach shail he curnula�tive and shall be in addition to e�ery ather remedy gi�en in this ❑eed of Trus� vr naw ar
<br /> hereafter existing at lar�v o�-in equity ar by statute. EWery pflwe�or remedy gi�en by th�Nat�ar any of the Related
<br /> Do�uments to Trustee or Lender ar ta which either o� them may be otherwise entitled, may �e exe�cised,
<br /> con�urrent�y or independ�ntly, �r�m time�o time and as v#ten as may be deem�d expedient by Trustee or Lender,
<br /> and either ❑f them may pursue inc�nsistent remedi�s. Nothing in this De�d af Trust sha[I be construed as
<br /> prahihiting Lender fram seeking a deficiency judgment against the Trustor to th�extent such actian is perm�tted by
<br /> 1aw. E�ection by Lend�r to pursue any remedy shall nat exc[ude pursuit of any o�her remedy, and an election to
<br /> make expenditures ar to take a�tian t❑ perform an ob�igati�n of Trustor under this D��d of Trus�, af�Cer Trustor's
<br /> failure to perfarm, ahall nat affect Lender's right ta dec�are a default and exercise its remedies.
<br /> Request for No�i�e. Trustor,on behal�of Trustor and Lender, hereby requests that a c�py of any N�t�ce of ❑efault
<br /> and a cvpy vf any Notice of Sale under this ❑eed a�F Trust be mailed tm them at the addresses set forth in the first
<br /> para�raph af�his Qeed of Trust.
<br /> At#vrney�` Fees, Expenses. If Lender institutes any suit or acti�n t❑ enforce any of the terms of this L�eed of
<br /> Trust, Lender sha�l be entitled to reca�er such surn as the��urfi may adjudge �-easanabl� as attarneys' fees a�#rial
<br /> and up�n any app�al. Whether or n�t any court a�tion is in�Ql��d, and tv the extent not proh�hited by law, al!
<br /> reasonable expenses Lender incurs that in Lender's opinian are n�cessary a�k any �ime �or the prate�tion n# its
<br /> interest or the enforcement v�its rights shall becvme a part a�the lndebtedness payable on demand and shall bear
<br /> interest a�the Nate rate fram the dat�of the expendi�ure unti! repaid. Expenses co�ered by this paragraph inc�ude,
<br /> vvithvut limitation, howe�er subje�t tv any iimits under applicabie law, Lender's attorneys' �Fe�s and Lender's le�af
<br /> expenses, wh�ther ar not th�re is a lawsuit, including attarn�ys' fees and expenses far �ankruptcy praceed�ngs
<br /> �including eff�rts to modify or�acate any autamati�stay or injunct�ony, appeafs, and any anticipated pvst-judgment
<br /> callec�ian ser��c�s, the cast of s�arching r�cord�, abtaining title reparts �including fvreclasur� r�parts�, sur��yors'
<br /> �eparts, and appraisal fees, title insurance, and fe�s for the Trust�e, to the extent perm�tted by applicab�� law.
<br /> Trustor also will pay any caurt cos�s, in additian ta a!i other sums pravided by law.
<br /> Rights of Trustee. Trustee shall ha�e all of the��ghfis and duties vf Lender as set forth in this sec�ion.
<br /> PC�IIVERS AN❑ DBLlGATIaNS �]F TRVSTEE. Th��Foliowing prv�isions relating ta�he powers and obligatians o�Trus�ee
<br /> are part o�this D�ed of Trust�
<br /> Pov►►ers of T�rustee. In addition to a�1 powers v�Trustee arising as a matter of law,Tcustee shall ha�e the pvwer ta
<br /> take the fallawing a��ions with r�spect t❑the Praperty upon the �ritten request�f L�nder and Trustor: ta)�oin in
<br /> preparing and filing a map or plat of the Reaf Property, including the d�dication �f streets or other �ights to �he
<br /> pu�li�; �b} jain in granting any �asement or creating any res�ric�ion an the Real Property; and {cy join �n any
<br /> �ubardinatian or�ther agreemenfi af�ecting this Deed of Trust vr the in��rest o�Lender under this D�ed af Trust.
<br /> Trustee, Trustee shall meet a�l quaEifications required for Trustee under app�icable law. In addition tv #he rights
<br /> and r�medies set �orth abo�e, with respect to all or any part vf the Property, the Trustee shali have the right t�
<br /> �oreclase by nvtic� and sale, and L�nder shall haWe the righ� to fareclase by judicial foreclasure, in ei�her case in
<br /> a�cvrdance with and to the fuil extent prv�ided �y appli�a�le law.
<br /> 5u�cessvr Trustee. Lend�r, at Lender's aption, may�rom tim�to time appaint a successor Trustee to any Trust�e
<br /> appoin�ed under this Deed vf Trust by an instrument �xecuted and acknawledged by Lend�r and recorded �n the
<br /> office of the recarder of Hail ��unty. Stat� of Nebraska. The instrument shall �antain, in addition to all oth�r
<br /> mat�ters require� by state law, the names of the ❑riginal Lender, T�ustee, and Trustor, the hook and page �or
<br /> cvmputer systern reference� where this Deed of Trust is recorded, and th� name and address af the successor
<br /> trustee, and the instrument shall be executed and acknowl�dged by afl the beneficiaries under this Deed o�Trust ar
<br /> their su�cessors in interest, The su�cessflr truste�, withaut cvn�eyance af the Prvperty, shall succeed t� all the
<br /> title, power, and duties conf�rred upvn th�Trust�� in �his Deed of Trust and by applicable law. This pracedur�fror
<br /> substitution❑f Trustee shall go�ern to the exc�usion of aCl other pro�isions far substitutivn.
<br /> N�TICES. Any natice re�uir�d to be gi�en under�his ❑eed �f Trust, including without limitatian any notic� ��default
<br /> and any notice vf sale sha6[ b� gi�en in writing, and sha�l be effecti�e when ac�ually deii�er�d, wh�n actua�[y re�ei�ed
<br /> by�elefacs�rnile �unless otherwise required hy!aw}, wh�n deposited with a nativnally recflgni�ed o�ernight��urier, or, if
<br /> mailed, when deposited in the Uni�ed States maF�, as�irst class, certified or registered ma�l pastage prepaid, directed ta
<br /> the addresses shown near the �eg�nning af this Deed vf Trust. All �opies vf notic�s o��vrecl�sure �rom the h�lder vf
<br /> any lien vvhich has priarity o�er this D�ed vf Trust shall be sen�to Lendsr's address, as shown near the t�eginning �f
<br /> this Deed of Trust. Any par�y rnay change its address for nvtices under this De�d of Trust by gi�ing formal written
<br /> notic� t� the ather parti�s, spe�i�rying �hat the purpvse of the natice is to change the party's address. For nofii�e
<br /> purposes, Trustar agrees t❑ k�ep Lender infvrmed at all times af Trustar'S Cu�'rent addr�55. UnI�SS Q�h��1NISE �I'pVld��l
<br /> or required by law, ��there is more than �ne Trustor, any nati�e gi�en hy Lender�a any Trus�t�r is deemed to be nvtice
<br /> gi��n to afl Trustors. _
<br /> MISCELLANEC�US PR�VIS��NS. The falfowing rniscellanevus pro�isions ar� a part��this I]eed of Trust:
<br /> Amendm�nts. This Deed of Trust, together wi�h any Related Dacuments, �onstitutes the en�ire understanding and
<br /> agreemen�af the parties as ta the ma��er� set forth in thi5 aeed o�Trust, No altera�ion ❑#�r am�ndment to this
<br /> deed ❑f Trust shall be ef�rec#i�� unless gi�en Fn writing and signed by �h� party ar parties svught to �e cha�ged ar
<br /> bvund�y the aft�ration�r arnendmen�.
<br /> Annual R�par#s. !f the Property is used for purpas�s ❑th�r than Trustor's residence, Trustor shall furnish ta
<br /> Lender, upan request, a �erti�ied statement �f net vperating income r��eiv�d from the Praper�Cy during Trustor's
<br /> pre�ious fiscal year in such farm and detail as Lender shaf[ r�quire� '"Net aperating incorne" shall rnean a�i cash
<br /> re�eipts fram the Property�ess all�ash expenditures made�n canne�tivn with the operation a��he Property.
<br /> Capfion I�eadings. Caption headings in this De�d v� Trust ar� far con��nience purposes anly and are not to b�
<br /> used ta int�rpret or define th�pro�isions af this Deed o�Trust,
<br /> IVlerger� Th�re shall b� na merger of the inter�st ar estate created by this Deed vf Trust with any other inter�s#ar
<br /> estate in �he Praperty a�any�ime held by or for the benefit vf Lender in any �apacityr w�thout the written cvnsent
<br /> of Lender.
<br /> Gv►rerning Law. ThiS Deed vf Trust will be gv�erned by federa� law appiicable t� Lender and, tv�the extent nvt
<br /> preempted by federa!law,the Eaws vf�he State of Nehraska withaut regard#v its�vn�licts af law pr�►►isions. This
<br /> Deed of Trust has been accepfed by Lender�n the State a�Nebraska.
<br /> Choi�e vf Venue. If th�re is a lawsu�t, Trust�r agre�s upon Lender's re�uest ta submit ta th��urisdict�on vf the
<br /> caurts of Hall County, State�f N��raska.
<br /> Nc�Waiver by Lender. Lender sha�l not be deerned to ha�e wai�ed any rights under thFs ❑eed of Trust un�ess suCh T
<br /> wai�er is gi�en in writing and s�gned by Lender. IVa delay vr omissivn an the part a�Lender in exercising any righ� '
<br /> 1/ +
<br /> �i
<br /> �
<br /> ��
<br /> �
<br />
|