|
2� 1 ��7229
<br /> t�E�D �F TF�LIST
<br /> ���iltitlu��l� Pa�e fi
<br /> paragraph of this �eed of Trust.
<br /> Attvrneys' Fees; Expenses. I� Lender institutes any suit or action to enfarce any nf the terms af this D�ed vf
<br /> Trust, Lender shail be ent+tled to reav�er such sum as the court may adjudge reasonab�e as attorneys'fees at tr�al
<br /> and upan any appeal. Whether or nvt any r,ourt action is in�ol�ed, and to the extent not prohtbited by law, all
<br /> re�asonable expenses Lender incurs that in Lender's apinion are necessary at any time far the protectian of its
<br /> interest ar ths�nforcement af its rights sha��bet�me a part of#he�ndebtedness payable on demand and shall bear
<br /> interest at the Note rate�rvm the date Q�#h�expenditure until r�paid. ExQense.s oo�ered by this paragraph include,
<br /> wi#hout limttation, howe�er subject to any limits under applicable law, LendQrs attarn�ys'fees and Lende�`s�egai
<br /> expenses, whether or nflt there is �iawsuit, inctuding att�rraeys' fee� an�d expenses ��r bankn�Rt�y prvice�dings
<br /> [indu�ding sffnr#s to rr�di�y o�vacatQ any autvmatic stay vr injun�tion}, appe�ls,and any anti�ipated post judgment
<br /> collectton servioes, the cost o#searching r�rords,Qbta�ning title reports{induding fvreclosure reports�, surveyvrs'
<br /> reports, and appraisal fees, �i#�e insuranoe, and fees for the Trustee, �o the extent psrmi�ted by appliqb�e law.
<br /> Trust�r alsa vm►�il�pa��ny�vurt cvsts, in addition tv all ather sums prv�ided by law.
<br /> Rights o�7'rustee. Trus#ee s�al!have a!1�f#he r�ghts and duties of Lender as set fvrth in this section.
<br /> P�YVERS AND�BLIGATlDNS�F TRUSTFE. The fotlowing provisions relating t�the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers af Trus�ee. In additian ta al�pawers nf Trustee arising as a matter af law, Trustee sha�i have the power to
<br /> take the following activns w ith respec#fo the �roperty upon th�written request o�Lender and Trustor: 4a}�oin in
<br /> prepar�ns and filing a m�p o� p�at v�the Real Property, including the dedication of str�ets or other rights ta the
<br /> public; tb} join En g�anting any easement ar creating any restriction on the Rea� Property; and �c} }o+n in any
<br /> subordination or ofher agreement affecting this ase���Trus#ar the inte�est of Lender under this Deed ofi Trust.
<br /> Trustee. Trustee shall meet al� qualifrcat�ons requi�e� tar Trust�e under applicable law. In addition to the rights
<br /> and r�medies set�orth abave, with res�ect to all o�any part af the Property, the Trustee shall have the right to
<br /> foreclose by notice and sale, and �.ender will ha�e the right to fare�lose by judicial fore��asure, in either case�n
<br /> accordance with and to the fuii ex#ent prav�ded by ap�l�cab�e law.
<br /> Successar Trustee. Lender,at Lender's optivn, rr:ay trom time to#ime appvint a successor Trustee t❑any Trustee
<br /> app�inted under this Deed a� Trust by an instrument executed and acknowledged by Lender and recarded in the
<br /> vf�ice of the recarder ❑f Hall County, State �f Nebraska. The instrument shal� contain, in additian to a�� at��r
<br /> mat#ers required by state law, the names ot the arigina! Lender, Ti-ustee, and Trustor, the baok and page (vr
<br /> computer system referer�ce} where this D�ed o� Trust is recorded, and the name and address Qf the successor
<br /> trustee,and the instrum�nt shal!be executed and acknowledged by all ths beneficiaries under this Deed of T�ust o�
<br /> the�r successors in interest. The successvr#r�st�e, withvut conveyance of the Property, shall succ�ed tv ali the
<br /> titie, power,and duties conferred upon the Trustee in this Deed of Trust and by applicabie taw. This procedure for
<br /> substitution of Trustee shail ga�ern ta the�xciusivn o�a�i oth�r prv�isions for substitutian.
<br /> N�TfCES. Any nat�ce required to be given under�his ae�d of Trust, inc�ud+ng withaut Iimita#ian any na#�ce at de�ault
<br /> and any notice a�sa�e sha�� be given in writing, and shall be effecti�e when actually d�li�ered,when actuaily recei�ed
<br /> by telefacsimile�unless v#herwise required by law},when deposited wi#h a nativnally recognized o�ernight cvurter,or,if
<br /> mailed,when deposit�d in the United 5#ates maii, as first ctass, cert���d vr registered mai� pastage��epai�,dire�ted to
<br /> th�addresses shown near the�aeginn�ng of this Deed af T�-ust. A!I copies of not�ces of�ore��osure from the holder of
<br /> any lien which has priority v�er this Deed v�Trust shall be sent tv Lender's address, as shown near the beginning of
<br /> this Deed vf Trust. Any person may chan�e his ar her address far notices �rnder t�is Caeed of Trust ay giving fvrmal
<br /> written natice to �he other pers�n �r persans, specifying that the pur�ose vf the notice is ta change the person's
<br /> address. For notice purpvses,Trustor agrees#o keep Lender informed at al1 times af Trustor's cu�ren�address. Unless
<br /> vtherwise pro�ided or required by iaw, if there is mare t�an ane Trus#vr, any nntice giWe�b� Lender ta any Trustor is
<br /> deemed tv!ae nvti�e g��ven#v all Trustors. It wi�l be Trus�or's responsib��ity ta tel!the others of the nvtice from Lender.
<br /> MlSCELLANE��S PR�VISIt�NS. The following miscel�aneous prvvisions are a part of this Deed of Trust:
<br /> Amendments. What �s written in this Deed af Trust and in the Related Dacuments is Trustar's entire agreement
<br /> with Lender cvncerning the matter�cv�ered by this Deed of Trust. To be effecti�e, any change or amendmenf to
<br /> this Deed af Trust must be i�writing �nd mUst!�s+gned b3�wha��er will�e bound or obligated b�t#�e chan��vr
<br /> amendment.
<br /> Captivn Neadings. Caption headings in this Deed of Trust are for �on�enience purposes anly and are nat#� bs
<br /> used ta Enterpret ar define the pro�isians of th�s Deed�f Trust.
<br /> IVlerger. There shall he no merger of the interest ar estate created�y this ❑eed of Trust with any a#her interest or
<br /> estate in the Prape�ty at any time he�d by or for the ben�fit af Lender in any capacity, withou#the written cqnsent
<br /> af Lender.
<br /> Go►►erning Law. Th�s �eed af Trust will be go�erned by federal law applicable to Lender and, #o the extent not
<br /> preempted hy federal law,the laws�f the State af Nebraska without regard tv its confltcts af�aw prc�visions. This
<br /> Deed af Trust has been accepted la�Lender in the State of Nebraska.
<br /> Joint ar�d Several L�ab�l�ty. Af1 vbligations af Trustar under this Deed af Trust shall be joint and se�eral, and a!i
<br /> r�ferenoes to Trustor shall mean each and e�ery Trustor. This means that sach Trustor signing below is
<br /> respansib�e for a!I obligatians in this Deed❑f Trust.
<br /> Na Wai�er by Lender. Trustor understands Lender will not gnre up any of Lender's ri�hts under this Deeed of T�-ust
<br /> un�ess Lend�r dves sv in writing. The fact tha# Lender delays or omits ta exercise any right wil� nvt mean that
<br /> Lender has g��en up that right. lf Lende�dves agree in wr�ting to gi�e up one �f L�ntie�'s rights, tha# dves not
<br /> mean Trustar wi�l nvt �a�e to c�mply with the vther prav�sions v�this �ed of Trust. "�rtistar a�sQ understar�ds
<br /> that if Lender daes cvnsent#o a request, that daes not mean that Trustvr w il i nvt ha�e to get Lender's c�nsent
<br /> a�ain if the situatian happens again. Trustor further understands that jus#because Lender oansents tv one or mare
<br /> of Trustor's requests, that dves nat rnean Lender wi�l k�e required tv cdnsent tv any of T�ustvr's�utu�e reques#s.
<br /> Trustor wai�es preSentment,demand for payment�protest,and not�ce of dishonor.
<br /> 5��erabil�ty. 1f a court finds that any pro�ision of this Deed of Trust is not�alid vr shauld nat be enftirced, that
<br /> fac#by itself wi�i not mean that the rast af this�eed of T�ust will not be�alid or enforced. Yherefore,a cour�will
<br /> enfarae t�re rest of the provisivns vf this C�eed a€Trust e�en�f a prv�isi�n of this Deed vf Trus�may he fvund to be
<br /> in�alid or unenfarceabie.
<br /> SuC�essars and Assigns. Subject to any limitations stated in this Deed of Trust vn transfer of Trustor's interest,
<br /> this Deed af Trus# shall be binding upon and inure to the benefit of the parties, their su�cessvrs and assigns. �f
<br /> ownership ot�he Pra��rty bee�mes�es#ed in a persan other than Yrustor, Lender,without notice to Trustar, may
<br /> deal with Trustor's succes�ors with reference to this Deed vf Trust and the Indebtedness by way of fvr�earance or
<br /> extension without reieasing Trustor from the obligations of this Deed vf Trust or iiability under the Ind�btedness.
<br /> Time is of the Essence. Time is af the essence in the performance of this Deed af Trust.
<br /> Vlrai�e Jury. All parties fo this �eed of Trusf hereby wai�e the right ta any�ury t�ial in any act��n, proceeding, or
<br /> c�ur�tercla�m brough#by any pacty against any other party.
<br />
|