Laserfiche WebLink
2� 17� 1455 <br /> DEED �F TRUST <br /> Loan No: �Q 13���63 �C�nti n u�d� Page 8 <br /> either af them may in their absolu�e dis�retion dete�mine. No remedy �onferred upon ar res�r�ed t❑ Trustee or <br /> Lender, is intended tv be exclusi�e of any ather remedy in this Deed of Trust ar by �aw prfl��ded or permitted, but <br /> each sha!# be �umulat��e and shall be in addition t❑ e�ery ❑ther remedy g��en in this Deed �f Trust ❑r now or <br /> hereafter existing at law or in equity❑r by statute. E��ry power or remedy gi�en by the Nvte or any vf th� Related <br /> ❑o�uments to Trustee or Lend�r vr t� which either of them may be �therwise entit�ed, may be exer�ised, <br /> concurrent�y or independently, from t�me to tfine and as often as may be deemed expedient hy Trustee or Lender, <br /> and either of them may pursue �ncansistent remedies. Nothing in thfs Deed af Trust shall be cvnstrued as <br /> prohibiting Lender #rom seeking a deficien�y judgment against the Trustor ta the extent such action is permitted by <br /> law. Electi�n by Lender to pursue any remedy sha�� not exclude pursuit c��F any ❑ther remedy, and an ele�tion to <br /> make expenditures �r to take actifln to perform an ❑bligation ❑f Trustar under this ❑eed of Trust, after Trustvr's <br /> failur�to p�rform, shall not affect Lend�r's right to declare a defauit and exercise its remedies. <br /> Request for Notice. Trustor, on beha�f❑f Trustor and Lender, herehy requests that a capy af any Notice o# Defauit <br /> and a copy af any Natice of Sale under this ❑eed of Trust be ma��ed to them at the addresses set ft�rth in the first <br /> paragraph of this Deed of Trust. <br /> Attorneys' Fees; Expenses. I� L�nder institutes any suit �r a�tivn to enfarce any of the terms �f this Deed of <br /> Trust, Lender sha�f be entit�ed to reco��r such sum as the caurt may adjudge reasonab#e as attvrneys' f�es at trial <br /> and upon any appeal. Whether ❑r n�t any cnurt action is in�ol�ed, and t❑ the extent not prahibited by �aw, a�1 <br /> reasQnable expenses Lender incurs that in Lend�r's opinian are nec�ssary at any tim� for the prote�tion ❑f its <br /> interest or the enfarcem�nt af its rights shall became a part of the Indeb�edness payable an demand and shall �ear <br /> interest at the Note rate from the date of the expenditure unti� repaid. Expenses ca�ered by�his paragraph �nclude, <br /> withaut limitation, howe�er subject ta any limits under applicabie law, Lender's at��rneys' fees and Lend�r's legal <br /> expenses, whether ar not there is a lawsuit, including attorneys' fees and expenses �or bankruptcy pro�eedings <br /> (�ncluding efforts ta modify or�a�ate any autvmatic stay t�r injunctiony, appeaRs, and any anticipat�d p�st-judgm�nt <br /> cvll�ction ser�ices, the cast of s�arChing records, obtaining t�tle reparts �in�iuding foreclosure reportsy, sur�eyors' <br /> reports, and appraisal fees, title insurance, and fees for the Trustee, t❑ th� extent permitted by applicable law. <br /> Trustor also will pay any court�os�s, in additian tv all ❑ther sums prv�ided by law. <br /> Righ�s af Trus#ee. Trustee shall ha�e all nf the rights and dut�es of Lender as set fa�th in this section. <br /> PDWERS AND �gL1GATI�NS DF TRUSTEE. The fallowing pr��isians relating t� the pnwers and obl�gations of Trustee <br /> are part❑f this Deed of Trust: <br /> Powers of Trustee. In additian to aii p�wers af Trustee arising as a matter af law, Trustee shall ha�e the pvwer t� <br /> tak� the f�ll�wing actions with respect t❑ the Property upon the written request af Lender and Trustar: {a} join in <br /> preparing and fE�ing a map or pfat af the Real Property, including the dedicatian of streets or ather riyhts to the <br /> puhlic; �by jvin in granting any easemen� or creating any restriction an the Rea� Property; and {cy join in any <br /> su��rdination vr other agreement affecting this De�d of Trust❑r the interest of Lend�r under this Deed of Trust. <br /> Trustee. Trustee shal� meet all qualificatians required for Trustee under applicahle law. In additian t❑ the rights <br /> and remedies set fvrth abo�e, with respect t❑ all vr any part af the Property, th� Trustee shall ha�e the right to <br /> �Farec�ase by nvtice and sale, and Lender shall ha�e the right to tare�lose by judicial foreclosure, in either case in <br /> accordance vuith and to the full extent pro�ided by applicab�e law. <br /> Successor Trustee. Lender, at Lender's option, may from time ta time appoint a successor T�ustee to any Trustee <br /> appvinted under this Deed of Trust by an instrumen� execut�d and a�knowledged hy L�nder and recorded in �he <br /> of��ce of the record�r a€ HALL County, State af Nehraska. The instrument shall contain, in addition t❑ all other <br /> matters required by state 1aw, th� names a# the ariginal Lender, Trustee, and Trustor, the book and page �or <br /> camputer system reference} where this Deed of Trust is rec�rded, and the name and address of the su�cessor <br /> �rustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this D�sd of Trust or <br /> their successors in interest. The successor trustee, withaut con�eyance of the Praperty, shall succeed to all the <br /> title, pvwer, and duties conferred up�n th�Trust�� in this ❑eed of Trust and by applicable law. This procedure fvr <br /> substitution of Trustee shall gv�ern to the exclus�on of all other pro�isions for substitu�i�n. <br /> N�TICES. Any noti�e required to be gi�en under this D�ed vf Trust, in�luding without limitation any notice of ds�ault <br /> and any noti�e ❑f sal� shall be gi�en in writing, and sha�! be effecti�e when actually deli�ered, when actually recei�ed <br /> by telefacsimile �unless ❑therwise required by law�, wh�n depnsited with a nationa�ly recognized o�ernight courier, or, if <br /> mailed, when depasited in the United 5tates mail, as first class, certi�ied ar registered maif postage prepaid, directed to <br /> the addresses shown near the beginning of th�s (Jeed af Trust, A!I copies af natices of fareclosure from the h��der af <br /> any lien which has priarity ❑�er this aeed of Trust shall be sent to Lender's addr�ss, as shawn near the beginning v# <br /> this Deed ❑f Trust. Any party may change its address f�r nvti�es under this ❑e�d o# Trust by gi�ing �ormal written <br /> n�tice ta the ❑ther parties, spe�ifying that the purpose of the noti�e is t❑ change the par#y's address. Far nati�e <br /> purpases, Trustar agrees to keep Lender informed at all times af Trustar's current addr�ss. Unless otherwise pro�ided <br /> vr required by law, if there is m�re than one Trustar, any nvtice gi�en by Lender �� any Trustor is deemed tv be notice <br /> gi�en to al�Trustars. <br /> MiSCELLANEUUS PR�ViS��NS. Th� f�!lowing miscellanevus pro�isivns are a part of this Deed of Trust: <br /> Amendments. This ❑eed vf Trust, together with any Related Documents, constitutes the entire understanding and <br /> agr�ement of the parties as to the matters set �orth �n this Deed of Trust. No alteration of ar amendment to this <br /> Deed ❑�Trust shal! be effecti�e unless gi�en in writing and s+gned by the party or parties sought ta be charg�d or <br />