Laserfiche WebLink
Loan No: 3408320144 <br />201707009 <br />DEED OF TRUST <br />(Continued) Page 8 <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, 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 enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. <br />Trustor also will pay any court costs, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to <br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in <br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the <br />public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) 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 all qualifications required for Trustee under applicable law. In addition to the rights <br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to <br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee <br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the <br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other <br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or <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 all the beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the <br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default <br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received <br />by telefacsimile (unless otherwise required by law), when deposited with a nationally 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 Deed of Trust. All copies of notices of foreclosure from the holder of <br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of <br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written <br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided <br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br />given to all Trustors. <br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or <br />more purchasers, whether related or unrelated to Lender, without notice and without the consent of the parties; (b) <br />Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have about the <br />parties or about any other matter relating to this loan obligation, without notice, and the parties waive any rights to <br />privacy it may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute owner and <br />will have all the rights granted under the loan documents or agreements goveming the sale of the loan; (d) the <br />purchaser of a loan may enforce its interests irrespective of any claims or defenses that the parties may have against <br />Lender; and (e) to waive all notices of sale of the loan, as well as all notices of any repurchase, and all rights of offset <br />or counterclaim that the parties have now or later against Lender or against any purchaser of the loan. <br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall <br />be effective as an original, but all of which taken together shall constitute a single document. An electronic <br />transmission or other facsimile of this document or any related document shall be deemed an original and shall be <br />admissible as evidence of the document and the signer's execution. <br />COMMUNITY AND OTHER PROPERTY. In addition to the rights of Lender under any applicable community property <br />laws, Borrower, Guarantor or Grantor who is a Married Person and who has an interest in marital or community <br />property under applicable law acknowledges and agrees that his /her obligation as a Borrower, Guarantor or Grantor is <br />incurred in the interest of and to benefit the marital community (or domestic partnership, if applicable), and expressly <br />agrees that recourse may be had against his or her separate property and his or her rights in community property and <br />community assets for all of his or her obligations to Lender, in addition to any other property that may be subject to <br />