Laserfiche WebLink
DEED OF TRUST <br />Loan No: 771791 (Continued) 200301550 Page <br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter ousting at law or in equity or by statute. Every <br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or independently, horn time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Under decides to <br />spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor s failure to do so, that decision by Lender will <br />not affect Lentler s right to declare Truslor in default and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf W Trustor and Lentler, 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 Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at Vial and upon any appeal. Whether or not any court action Is <br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time <br />for the protection of its interest or the enforcement of its rights shall become a pan 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, 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, title 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 />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions <br />with respect to the Property upon the written request of Lender and Trustor. (a) join in preparing and filing a map or 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 effecting this Deed of Trust or the interest of Lender under this Dead of <br />Trust. <br />Trustee. Trustee shall meet all qualifications 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 Properly, the Trustee shall have the right to foreclose by notice, and sale, and Lender will have the <br />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 office of the recorder of HALL County, State of <br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lentler, Trustee, and <br />Trustor, the book and page (or computer system reference) where this Dead of Trust is recorded, and the name and address of the <br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficlaries 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 procedure for 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 Dead 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, it 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 Geed of Trust. All copies of notices of foreclosure <br />from the holder of any lien which has priority over this Dead of Trust shall be sent to Lenders address, as shown near the beginning of this Dead <br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or <br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender <br />informed at all fines of Trustor's current address. Unless otherwise provided or required by law, it there is more than one Trustor, any notice <br />given by Lender to any Trustor is deemed to be notice given to all Truelove. It will be Trustor's responsibility to tell the others of the notice from <br />Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. Whet is written In this Deed of Trust and In the Related Documents is Trustor's entire agreement with Lender concerning the <br />matters covered by this Dead of Trust. To be effective, any change or amendment to this Dead of Trust must be in writing and must be <br />signed by whoever will be bound or obligated by the change or amendment. <br />Caption Headings, Caption headings In this Deed of Trust are for convenience pmposas only and are not to be used to interpret or define <br />the provisions of this Dead 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 wniften consent of Lender. <br />Governing Lew. This Deed of Trust will be governed by and Interpreted In accordance with federal law and the laws of the State of <br />Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hell County. State <br />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 Dead of Trust. <br />