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r DEED OFTRUST 20020°2901
<br />Loan No: 84197 (Continued) Page s
<br />entitle, may be axemised, concurrently or Independently, from thus fo time and as often as may be deemed expected by Trustee or Lender,
<br />and either of Mom may pursue Inconsistent remedies. Nothing in MIS Deed of Trust shall he construed as prohibiting Lender torn seeking a
<br />defdtency, judgment against the Trusts to Me extant such action is permitted bylaw.
<br />Election of Reanedies. All of Larder's rights and remediss will be cumulative and may be exercised alone ortogeMer If Lender decides to
<br />wind money w to perform any of Trustor's Obligations under this Deed 0 Trust, after Trustor's failure ro do so, Mat decision by Lender will
<br />net affect Leaders right to declare Truster In default and to exercise Lenders maladies.
<br />Request for Notice. Trustor, on behalf. of Tractor and Lender, hereby requests Met a copy of any Notice of Default and a copy of any Notice
<br />Of Sale under MIS Deed of Trust be mailodb Mao at Me addresses set form in Me first paragraph of this Dead of Trust.
<br />Attorneys' Fen; Expenses. If Leader Irratilules any suit or action W enforce any of the terms of this Dead of Trust, Lender shall be entitled
<br />to recover such sum as Miscount may adjudge reasonable as adomeys' fees at Mel and upon any appal. Whether or not any court action is
<br />Involved, and to the extent apt prohibited by law, all reasonable expenses Lender incurs that in Larders opinion are necessary at any time
<br />for Me protection of its interest or Me erdooemed of its rights shall baicar e a part of me Indebedness payable on demand and shall bear
<br />interest at Me Note rate from Me date M Me expenditure unlit repaid Expanses covered by MIS paragraph include, without limitation,
<br />however subject b any limits under applicable law, Lender's athameys' fees and Lentler s legal expenses, whether m not Mere is a lawsuit,
<br />Including attorneys' face and expenses for bankruptcy proceedings (including efforts to modify or vacate any autornatb stay or injunction),
<br />appeals, and any anticipated post-judgment collayMm services, Me cast of assuming records. obtaining title reports (including foreclosure
<br />re,ums), surveyors' reports, acd appoissl lose, a insb.ance, and fns !or the Trustee, t0 Me exteR permitted by mmCabla law. Truster
<br />also will pay any man costs. In addition M all other sums provided by law.
<br />Rlghtsof Trusts. Trustee shall have all of the rights and draw of Lander as set farts in MIS sector.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The fullcming previsions relating to the powers and obligations of Trusts are part of this Deed of
<br />Trust:
<br />Powers of Trustee. In addNien M all powers of Trustee arising as a mother of law, Trustee shall have the power M take the following actions
<br />mot respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat M the Real
<br />Property, including Me dedication of streets or Other rights to Me public; (b) join in granting any element or creating any restriction on Me
<br />Rest Property; and (c) join in any subordination or other comment effecting MIS Dead of Trust m Me interest of Lender under Mis Deed of
<br />Trust.
<br />Trusts. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to Me rights and remedies set foM
<br />above, with neatest to all or any pan of me Property, the Trustee Shall have Me right to foreclose by notice and sale, and Lender will have the
<br />right tgfmsdoes 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 M1nm am in time appoint a successor Trusts M any Trustee appointed under this
<br />Dead M Trust by an instrument executed and acknowledged by Lender and recorded In me office of Me recmtler of Hall County, State of
<br />Nebraska. The Instrument shall contain, in addition to all other matters required by state law, the homes of the original Lander, Trusts, and
<br />Truster, the back and page (m computer system reference) where the Deed of Trust is recorded, and the name and address of the
<br />successor trustee, ant the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br />successors in Interest. The successor Means, without conveyance of the Property, shall succeed W all Me title, power, and duties conferred
<br />upon the Trustee in this Deed M Trust and by applicable law. This procedure for substitution of Trusts 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 safe shall
<br />be given In wrMng, and shall ce effective when actually delivered, when actually received by teldfacernle (unless othemise required by law),
<br />when deposited with a nationally rom nbed overnight courier, or, if mailed, when deposited in Me United States mail, as first class, carried or
<br />registernd mail postage prepaid, directed W Me a laosses shown near the beginning at gals Deed of Trust Ali copies of radiation of foreclosure
<br />from IN bolder of any liar; aMich has priority over thts Dead of Trust shall be tent .6 Leader's aWress, as shown near the beginning of this Deed
<br />of Trust Any person may change his or her address for notices under Mis Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying Mat Me purpose ot the notice Is to change Me pereon'a address. For notice purposes, Truster agrees W keep Lentler
<br />informed at all time of Trusters currant address. Unless othgnims provided Or required by law, d there is more than one Trustor, any notice
<br />given by Lender to any Trustor is daemon to ce notice given to all Trusters. It will be Trustor's responsibility to tell Me others Of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following mlacetlan r us provisions are a part of MIS Dead of Trust
<br />Amendments. What is written In MIS Dead of Trust and in Me Related Documents is Trusters entire agreement war Lender concerning Me
<br />madam covered by MIS Deed of Trust. To be effective, any change or amendment to MIS Dead of Trust must be in writing and must be
<br />signed by whoever will be bound or obligated by Me change or amendment.
<br />Caption Headings._ Caption headings In this Dead of Trust am for convenience purposes only and are not to be used to interpret or define
<br />Me prmisions of MIS Deed of Twat.
<br />Merger. There shall be no merger of the imerest or estate created by this Dead of Trust with any other interest or estate in the Property at
<br />any tinre held by or for Me benefit of lender In any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of That will be governed by and Interpreted In accordance with fi deral law and the laws of the State of
<br />Nebraska. This Deed of Truer has ban accepted by Lender In the Slate of Nebraska.
<br />Choice of Vsue. If Mere is a lawsuit Trustor agrees upon Lender's request to submit ro the jurisdiction of Me courts of Merrick County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Burrower and Trustor under this Deed of Trust shall be joint and several, and all references to
<br />Trustor shell mean ash and every Trustor, and all references he Bohai shall mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below is mimnsida for all obllgatbns In MIS Deed of Trust _
<br />NO Waiver by Lender. Trustor understands Lender will rat give up any of Lender's rights under MIS Dead M Trust unless Leader does so In
<br />writing. The feel Mat Lefler delays or omits M exercise any night will not mean Mat Lender has given up that right. if Lender does agree In
<br />writing b give up one of Landers rights, that does act mean Trustor will not have to comy with the other provisions of MIS Deed of Trust.'
<br />TmaWr 9ISO undarstnnCe Mat ii Lender dues a unnt m a inmost. nips does net moan Uw, Trbetor will nut : OUn tic uea i > Ida, 'a ccrun:
<br />again it the situation happens again. Trustor fuller understands that just because Lender consents to one or mom of Trusters requests,
<br />that does apt mean Leader will W required to consent to any of Trusters f flum requests. Trustor waives presentment, demand for payment
<br />protest, and nonce of dimmer.
<br />Sevbebllliy. If a court find$ Mat any provision of this Dead of Trust is not valid or should not be, enforced, that fact by itself will not moan
<br />Mat the rest oI MIS Deed of Trust will act be vend or enforced. Therefore, a court will enforce the rest of the provisions of this Dead of Trust
<br />even it a provision of this Dead Of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trusters interest, this Deed of Trust shall be
<br />binding upon and Inum M Me benefit of the parries, their successors and assigns. If ownership 01 Me Property becomes vested in a person
<br />other than Tractor, Lender, without notice to Truster, may deal with Trusters successors with reference to Ibis Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this DaTI at Trust orjllabady under the
<br />Indebtedness. ..
<br />t r'
<br />Time Is of the Essence. Time is of Me essence in tho performance of MIS Deed o(Trust.
<br />Waiver of domestsd 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.asorad by this Dad of Trust.
<br />DEFINITIONS. The following words shall have Me following meanings when used in this Dead of Trust:
<br />Beneficiary. The word "Beneficiary' means Bank of Clarks, and as successors and assigns.
<br />Borrower. The wore "Borrower" means Carlos J. Martinez, and all other persons and entitles signing Me Note.
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