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DEED Q
<br />Loan No: 34088 {Cons
<br />Lender, is intended to be exclusive of any other remedy in this Dee
<br />and shall be in addition to every other remedy given in this Deed of
<br />power or remedy; given by the Note or any of the Related Docum(
<br />entitled, may be exercised', concurrently or independently, from time
<br />and either of them may pursue inconsistent remedies. Nothing in th
<br />deficiency judgment against the Trustor to the extent such action is F
<br />Election of Remedies. All of Lender's rights and remedies will be c
<br />spend money or to perform any of'Trustor s obligations under this d
<br />not affect Lender's right to declare Trustor in default and to exercise
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, here)
<br />of Sale under this Deed of Trust be mailed to them at the addresses'
<br />Attorneys' t=ees; Expenses. If Lender institutes any suit € r action
<br />to recover such sum as the court may adjudge reasonable as aftomf
<br />Involved, and to the extent not prohibited by law, all reasonable ex;
<br />for the protection of Its interest or the enforcement of its rights shall
<br />interest at the Note rate from the date of the expenditure untA re
<br />however', subject to any limits under applicable law, 'Lender's' attornc
<br />including, attorneys' fees and expenses for bankruptcy proceedings
<br />appeals, and any anticipated post judgment Collection services, the
<br />reports), surveyors' reports, and appraisal fees, title insurance, and
<br />also will pay any court costs, in addition to all other sums provided to
<br />Rights of Trustee. Trustee shall have all of the rights and duties of
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provision.
<br />Trust:
<br />Rowers of Trustee. in addition to all powers of Trustee arising as c
<br />with respect to the Property upon the written request of Lender a
<br />Property, including the dedication of streets' or other rights to the pu
<br />Real Property: and (c) join In any subordination or other agreement
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee
<br />above, with respect to all or any part of the (Property; the Trustee sh
<br />right to foreclose by judicial foreclosure, in either case in ac:cordancc
<br />Successor Trustee. Lender, at Lender's option, may from time tr
<br />Deed of Trust by an instrument executed and acknowledged by U
<br />Nebraska. The instrument shall contain, in addition to ail other mail
<br />Trustor, the book and page (or computer, system' reference) whe
<br />successor trustee, and the instrument shall be executed and ac
<br />successors in interest. The successor trustee, without conveyance
<br />upon the Trustee in this peed of Trust and by applicable taw. This
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, inc
<br />be given in writing, and shall be effective when actually delivered, who
<br />when deposited with a nationally recognized overnight courier, or, If mat
<br />registered mail postage prepaid, directed to the addresses shown near'
<br />from the holder of any lien which has priority over this Deed of Trust sha
<br />of Trust. Any person may change his or her address for notices under'
<br />persons, specifying that the purpose of the notice Is to change the p+
<br />informed at all times of Trustor's current address. Unless otherwise pr
<br />given by Lender to any Trustor is deemed to be notice given to all Trust
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous proviso
<br />Amendments. What is written in this Deed of Trust and in the Ret
<br />matters covered by this heed of Trust. To be effective, any Chan
<br />signed by whoever will be bound or obligated by the change or ame
<br />Caption Headings. Caption headings in this Deed' of Trust are for
<br />the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of this interest or estate created
<br />any time held by or for the benefit of Lender in any capacity, without
<br />Governing Law. This Deed of Trust will be governed by and Ir
<br />Nebraska. This Deed of Trust has been accepted by Lender In'
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lend
<br />State of Nebraska.
<br />Joint and Several Llabiilty. All obligations of Trustor under this G
<br />mean each and every Trustor. This means that each Trustor signir>
<br />No Waiver by Lender. Trustor understands Lender will not give up
<br />writing. The fact that Lender delays or omits to exercise any right
<br />writing to give up one of Lender's rights, that does not meant Trustc
<br />Trustor also understands that if Lender does consent to a request
<br />again if the situation happens again. Trustor further understands 1
<br />that does not mean Lender will be; required 'to consent to any of Trui
<br />protest, and notice of dishonor.
<br />Severabliity. If 'a court finds that any provision of this Deed of TrL
<br />that the hest of this Deed of Trust will not be valid or enforced. The
<br />even if a provision of this Dead of Trust may be found to be invalid (
<br />Successors and Assigns. Subject to any limitations stated ki this
<br />binding :upon and inure to the benefit of the parties, their successors
<br />other than Trustor, Lender, without notice to Trustor, may deal
<br />Indebtedness by way of forbearance or extension without releasin
<br />Indebtedness.
<br />Time Is of the Essence.' Time is of the essence in the performanci
<br />Waiver of Homestead Exemption. Trustor hereby releases and %
<br />of A4ehraelra as fr% all Inriohtarlruasc aartirvA by this nAArr of Tniat
<br />F TRUST 'i 977 Page 5
<br />inued}
<br />i of Trust or by law provided or permitted, but each shall be cumulative
<br />Crust or now or hereafter existing at law or in equity or by statute. Every
<br />often as may be deemed expedient by Trustee or Lender,
<br />st shall be construed as prohibiting Lender from 'seeking ,a
<br />N.
<br />I may be exercised alone or together. it Lender decides to
<br />after Trustor's failure to do so, that decision by tender will
<br />dies.'
<br />at a copy of any Notice of Default and a, copy of any Notice
<br />I first'.. paragraph of this Deed of Trust.
<br />of the terms of this Deed of Trust, Lender shall be entitled
<br />it and upon any appeal. Whether or not any court action is
<br />Incurs that in Lender's opinion are necessary at any time
<br />rt of the Indebtedness', payable': on demand and shall bear
<br />,as covered by this paragraph, include, without limitation,
<br />-enders legal expenses, whether or not there Is a lawsuit,
<br />st of searching records,` obtaining title reports (including foreclosure
<br />)s for die Trustee, to the extent; permitted by applicable law. Trustor
<br />W.
<br />ider asset forth in this section.
<br />Ong to the powers and obligations of Trustee are part of this Deed of
<br />after of law, Trustee shall have the power to take the following actions
<br />Trustor: (a) join si preparing and filing a map or plat of the Real
<br />; (b) join in granting any easement or creating any restriction on the
<br />acting this Deed of Trust or the interest of Lender under this Deed of
<br />der applicable law. In addition to the rights and :remedies set forth
<br />ave the right to foreclose by notice and Sale, and Lender will have the
<br />th and to the full extent provided by applicable law.
<br />,ie appoint a successor Trustee to any Trustee appointed under this
<br />►r and recorded; in the office of the recorder of Hall County, State of
<br />required by state taw, the names of the original Lender, Trustee, and
<br />this Deed of Trust is recorded,' and the name and address of the
<br />Wedged by all the beneficiaries under this Deed of Trust or their
<br />the Property, shall succeed to all the title, power, and duties conferred
<br />acedure for substitution of Trustee shall govern to the exclusion of all
<br />ng without limitation any notice of default and any ;notice of sale shall
<br />ctuaily' received by telefaosimiie'; (unless otherwise required by law),
<br />when deposited in the United States mail, as first class, certified or
<br />beginning of this Deed of Trust.' All copies of notices of foreclosure
<br />i sent to Lender's address, as shown near the beginning of this Dead
<br />I Deed of Trust' by giving formal written notice to the other person or
<br />in's address. For notice purposes, Trustor agrees to keep Lender
<br />led or required', by law, if there is more than one Trustor, any notice
<br />it Wil be Trustor's responsibility to tell the others of the notice from
<br />ire a part of this Deed of Trust:
<br />i Documents is Trustor's entire agreement with Leader concerning the
<br />or amendment to this Deed of Trust must be In writing and must be
<br />lent,
<br />iven€ence purposes only and are not to be used to interpret or define
<br />this Deed of Trust with any other interest or estate in the Property at
<br />written consent of Leader.
<br />prated in accordance with federal taw and the laws of the State of
<br />State of Nebraska.
<br />request to submit to the jurisdiction of the courts of Merrick County,
<br />I of Trust shall be joint and several, and all references to Trustor shall
<br />Mow is responsible for all obligations in this Deed of Trust.
<br />y of Lender's rights under this Deed of Trust unless Lender does so: in
<br />lot mean that Lander has given up that right. If Lender does agree in
<br />Q not have to comply with the other provisions of this Deed of trust.
<br />at does not mean that Trustor will not have to get Lender's consent
<br />just because Lender consents to one or more of Trustor's requests,
<br />'s future requests. Trustor waives presentment, demand for payment,
<br />s not valid or should' not be enforced, that fact by itself will not mean
<br />xe, a court will enforce the rest of the provisions of this Deed of Trust
<br />nenforceable.
<br />red of Trust on transfer of Trustor's interest, this Deed of "Crust shall be
<br />id assigns. It ownership of the Property becomes vested in a person
<br />Trustor's successors with reference to this Deed of Trust and the
<br />rustor from the obligations of this Deed of Trust or liability under the
<br />this Deed of Trust.
<br />as all rights and benefits of the homestead exemption laws of the State
<br />I used in this Deed of Trust:••.
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