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��-22-1999 DEED OF TRUST tJ 9 1113 4 0 Page �-
<br /> Loan No 1044924 (Continued)
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor or Borrower under.this Deed of Trust after failure of
<br /> Trustor or Borrower to perform shall not affect Lender's right to decfare a defautt and to exercise any of its remedies.
<br /> A1lomeys'Fees;EXpenses. If Lender ins6tutes any suit a action to enforc�any of the terms of this Deed of Trust,Lender shall be entitled to
<br /> recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeai. Whether or not any court action is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protectlon of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payeble on demand and shall bear interest at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable law,
<br /> Lender's attorneys'fees whether or not there is a lawsuit, including attorneys'fees for bankruptcy proc�edings (including efforts to modNy or
<br /> vacate any automafic stay or injunction), appeals and any anticipated post judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure repo�ts), surveyors'reporis,appraisal fees,title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable law. Trustor also will pay any court costs,in addition to all other sums provided by law.
<br /> Riyhts oi 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 releting to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a metter of law,Trustee shall have the power to teke the following acdons
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)jan in preparing and filing a map or plat of the Real Property,
<br /> including the dedication of streeis or other rights to the public; (b)jan in granfing any easement or creating any resMction on the Real Property;
<br /> and (c)join in any subordination or other agreement affectiny this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualificadons required for Trustee under applicable taw. In addition to the righis and remedies set forth above,
<br /> with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sele,and Lender shali have the ripht to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law.
<br /> Succesaor Trustee. Lender,at Lenders option,may irom time to time appant a successor Trusfee to any Trustee appointed hereunder by an
<br /> inshument executed and acknowledged by Lender and recorded in the offlce of the recorder of HALL County Nebraska. The instrument shall
<br /> contain, in addiHon to all other matters required by state law, the names of the original Lender,Trustee, and Trustor, the book and page(or
<br /> computer system reference)where ihis Deed of Trust is recorded,and the name and uddress of the successor trustee,and the instrument shall
<br /> be sxecuted and acknowledged by all the beneficiaries under the Deed of Trust or their suxessors in int�est. The successw trustee,without
<br /> conveyance of the Property,shali succeed to all the tiHe,power,and duties conferred upon the Trustee in fhis Deed of Trust and by appl�able
<br /> Iaw. This procedure for substitution of trustee shali govem to the exclusion of all other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shall be effecHve when actually delivered, or when deposited with a nabonally recognized ovemight courier, or,M
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail,postage prepaid, directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any pariy may change Ns address for notices under this Deed of Trust by giving formal
<br /> written notice to the other parties,specifying that the purpose of the notice is to change the parly's address. All copies of notices of foreclosure irom
<br /> the holder of any lien which has priority over this Desd of Trust shell be sent to Le�der's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustse informed at all times of Trustors current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Dxumenls,consNtutes the entlre understanding and agreement of the parties as
<br /> to the malters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in wrifing and
<br /> signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Annutd Reports. If the Property is used for purposes other than Trustor's res(dence,Trustor sFiall 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 detaii as Lender shall
<br /> require. "Net operating income"shell mean all cash receipts from the Property less all cash expenditures mede in connecdon wffh the op�ation
<br /> of the Property.
<br /> Applicable Law. This Deed of Trust has been dellverM to Lender and accepted by LeAder In the State of Nebraeka. This Deed ot Truat
<br /> shall be yovemed by and construed in axordance with the lews of the State of Nebraska.
<br /> Captlon Fleadinys. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Meryer. 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 any
<br /> Hme held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multiple Parties. All obligations of Trustor and Borrower under this Deed of Trust shall be jant and several,and all refere�to Borrower shell
<br /> mean each and every Borrower,and all refere�to Trustor shall mean each and every Trustor. This means thet each of the persons signing
<br /> below is responsible for dl obligations in this Deed of Trust.
<br /> Severobility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance,such finding shall not render that provision invalid or unenforceable as to any other persons or circumstarx�s. If feasible,any
<br /> such offending provision shall be deemed to be modified to be within the limits of enfonc�aability or validly; however,if the offending provisfon
<br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all oth�respects shall remain valid and enforceabie.
<br /> Successors end Assl�ns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's 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 /> I�debtedness by way of forbearance or extension without releasing Trustor from the obligatlons of this Deed of Trust or liebility under the
<br /> Indebtedness.
<br /> Time Is of the Esaence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Dxuments)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the pa�t of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudic;e the
<br /> party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing beiween Lender and Trustor or Borrowar,shall constitute a waiver of any cf Lender's righis or any of Trustor or Borrower's obligaHons
<br /> as to any future transacHons. Whenever consent by Lender is required in this Deed of Trust, the grandng of such consent by Lender in any
<br /> instance shall not constitute continuing consent to subsequent insta�where such consent is required.
<br /> Waiver of Homestead E7cemption. Trustor hereby releases and waives ali rights and benefits of the homestead exemption laws of the Stete of
<br /> Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL TF�PROVISIONS OF THIS DEED OF TRUST,AND EACN TRUSTOR AGREES TO ITS
<br /> TERMS.
<br /> TRUST
<br /> X . /� "'' `I X IVF�� �'I• �"1�1�
<br /> CHRIST PHER P ISTER NATALIE H MEISTER
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