|
DEED OF TRUST 200302438
<br />Loan No: 776822 (Continued) Page 7
<br />court action is involved, and to the extent nut prohibited by law, all re nable expenses Lender incurs that in Lender's opinion are
<br />nessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or Injunction). appeals, and any anticipated posljudgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors reports, and appraisal fees, title insurance, and fees for file
<br />Trustee, ip the extent permitted by applicable law. Truster also will pay any court casts, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set tariff In this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />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 take the following
<br />actions with respect to the Property upon the written request of Lender and Truster: Is) join in preparing and filing a map or plat of
<br />the Real Property. Including the dedication of streets or other rights to the public; In) loin in granting any easement or creating any
<br />restriction on the Real Property: and let joie In any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth 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
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustop the book and page for computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />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 and any notice of
<br />sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefaclimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as
<br />first r.Iase, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed Of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Dead of Trust by giving formal
<br />written notice W the other parties, specifying that the purpose of the noose is to change the party's address. For notice purposes, Truster
<br />agrees to keep Lender Informed at all times of Taster 'a current atltlress. Unless otherwise provided or required by law, if there Is more
<br />than one Ti any notice given by Lender to any Truster is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties 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
<br />given in writing 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 thou Trushn's residence. Truster shall furnish lO Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustoi s previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating in come" shall mean all cash receipts from the Property less all cash expenditures made in
<br />conneatian with the Operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Irust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Dead of Trust.
<br />Merger. I here shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Dead of Treat will be govaroed 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 />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County.
<br />State of Nebraska.
<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 i on the part of Lender in exercising any right shall operate a r of such
<br />right or 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
<br />right Otherwise to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by
<br />Lender, nor any caurse of dealing between Lender and Trader, shall constitute a waiver of any of lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />Of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and In all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of Uss Dead of Trust to be illegal, invalid, or unenforceable as to
<br />
|