|
200109719 DEED OF TRUST
<br />Loan No: 27115 (Continued) Page 5
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to'them at the addresses set forth In the first paragraph of this Dead of Trust.
<br />Attorneys' fees; Expanses. If Lender institutes anysuit or action to eRforce'any of the terms of this Deed of Trugf, Lender shalt be entitled
<br />to recovers 6h surd as the court'may adjudge reasonable asittorneys fees aftriarand upon any appeal.. Whether or raokany,cpurt,acton is
<br />involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opintdn are: ne a sary at any time
<br />for the protection ot,its interest:or the. enforcement of its rights shall become a: part of the indebtedness payable on demand and shalt bear
<br />interest at the Note rate from the :dats of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under. applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post—judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, titre insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />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 are part of this Deed of
<br />Trust:
<br />ail powers of Trustee arising as a matter of law,'Trustee shall had ttfa actions
<br />with respect to the Properly upon the written request of Lender and Trustor: (a) join in preparing and f�lirhg a' plat of the Real
<br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all quaNflcations required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
<br />the right to foreclose by judicial foreclosure, in either case in 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 appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the ot8oe of the recorder of BALL County, State of
<br />Nebraska. The Instrument shall contain, in addition to all; other•matters required by state law, the rw rise of the original, Lender; Trustee,•and
<br />Trustor, the book and page (or• computer system reference) where ;thus Deed of Trust -is recoWed and :Itke: name and address of the
<br />successor trustee, and the Instrument shall be executed and acknowledged by ,all the beneficiaries under this :Deed of Trust or their
<br />successors in Interest. The successor trustee, without conveyance of the ,Property, shall succeed to all the title, power,. and duties conferred .
<br />Upon the Trustee in this Dead of Trust and by-applicable law. This prooed substitution of Trustee shall govern to the exclusion'of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown now the beginning of this Deed
<br />of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender Informed at all times of Trustor's
<br />current address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amindments. Ig 01 id a
<br />greemertt t1t thi-P8rtles
<br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustors residence, Trustor shall furnish to Lender, upon request, a certified
<br />statement of net operating Income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
<br />operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define
<br />the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted. by Lender in the State of Nebraska..
<br />Choke of Venue. If there Is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of 6uffalo County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise
<br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustors obligations as to any future
<br />transactions. Whenever the consent of Lender Is required under this Deed of Trust, the granting of such consent by Lender In any instance
<br />shall not constitute continuing consent to subsequent instances where such consent is. required and in all cases such consent may be
<br />Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
<br />person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or
<br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustors interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by Way of forbearance or extension without'releasing Trustor from the obfigations Iof this peed of Yrust'orliabtlity 'undsr the
<br />Indebtedness.
<br />Time Is of the Essence: Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury -&q action, proceeding,,,p ountercialm
<br />brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
<br />
|