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DEED OF TRUST 200205595 5
<br />Loan No: 68801 (Continued) Page 5
<br />spend money or to perform any of Trusters obligations under this Deed of Trust, attar Truski failure to do so, that decision by Lender will
<br />not affect Larder's fight to declare Truster in default and to exercise Lender's remedies.
<br />Request tar Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under his Deed of Trust be mailed to them at Me addresses set forth In Me first paragraph of his 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, Leader shall be entitled
<br />to recover such sum as Me court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or cwt any court action is
<br />Involved, and to Me extent not prohibited by law, all reasonable expenses Lender Incurs Mat in Landers opinion are necessary at any time
<br />for the protection of ids Interest or the enforcement of its rights shall become a pad of Me Indebtedness payable on demand and shell bear
<br />interest at Me Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without llmitafloo,
<br />however subject W any limits under applicable law, Lender's atromeys' teas and Lender's legal expenses, whether or rot More is a lawsuit.
<br />Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to rc lity or vacate any automatic stay or induction),
<br />appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining the reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, tNe Insurance, and fees for the Trustee, to the extent permitted by applicable law. Tmshr
<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 Leader as set forth In this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pad of this Dead of
<br />Trust:
<br />Powers of Trustee. In addition to all provers of Trustee arising as a matter of law, Trustee shall have the power to take Me following actions
<br />with respect to the Property upon Me written request of Lender and Truster: (a) join in preparing and filing a map or plat of Me Real
<br />Property, Including Me dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on Me
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or he 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 Me Property, Me Trustee shall have Me 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 Me full extent Provided by applicable law.
<br />Successor Trustee. Leader, at Lender's option, may from time to tape appoint a successor Trustee to any Tnxstas appointed under Mls
<br />Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the office of Me 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 Lender, Trustee, and
<br />Truster, Me beck and page (or composer systern reference) where this Dead of Trust is recorded, and Me name and address of Me
<br />successor trustee, and the instrument shall be executed and ackrwwiedged by all he beneficiari¢s under this Dead of Trust or their
<br />successors in interest. The successor trustee, without conveyance of Me Property, shall succeed to all the title, power, and duties centered
<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 IimPation any notice of default end any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, wren actually received by teiefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, cemi or
<br />registered mail postage prepaid. directed to the addresses shown near Me beginning of this Dead of Trust. All copies of notices of foreoiesum
<br />from the holler of any lien which has priority over the Dead of Trust shall be sent to Lender's address, as shown near the beginning of his Dead
<br />of Trust. Any parson may change his or her address for notices under that Deed of Trust by giving formal written notice to Me other person or
<br />persons, specifying Mat the purpose of the notice is to change Me person's address. For notice purposes, Trustor agrees to keep Leader
<br />informed at all tunes of Trustor's current address, Unless otherwise provided or required by law, if there is more than one Trustee any notice
<br />given by Lender to arty Trustor N doomed to be notice given to all Trusters. It will be Taster's resporaturlty to tell the others of Me notice from
<br />Leader.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are apart of his Deed of Trust.
<br />Amendments. What is written in Mis Deed of Trust and in the Related Documents is Trustors entire agreement with Lender concerning the
<br />matters covered! by Mis Deed 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 ber bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define,
<br />the provisions of this Deed of Trust.
<br />Marger. 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 Me benefit of Lender In any capacity, without the written 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 Slate 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 he jurisdiction of Me courts of Merrick County,
<br />Stale of Nebraska.
<br />No Waiver by Lender. Trustor understands Lander will add give up any of Lender's rights under this Deed of Trust unless Lander does so in
<br />writing. The fact Mat Lender delays or omits to exercise any right will not mean Mal Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rignts, Mat does not mean Trustor will not have M comply with Me other provisions of this Deed of Trust.
<br />Trustor also understands Mat it Lender does consent to a request. that does not moan that Trustor will not have to get Lenders consent
<br />again If Me situation happens again. Trustor further understands Mat just because Lender concerns M One or more of Truster's requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for paymers,
<br />protest, end notice of dlsh0iwr.
<br />Severabllity. If a court finds Mat any provision of this Deed of Trust is not valid or should not bit enforced, that fact by itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce. Me rest of the provisions of this Deed of Trust
<br />even 0 a provision of this Deetl of Trust may he found to der Invalid ar unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Trusters Interest, his Dead of Trust shall he
<br />binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of Me Property becomes vested In a person
<br />other Man Trustor, Lender, without notice to Trustor, may deal with Trusters successors with reference to this Dead of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of Trust or liability under the
<br />Indebtedness,
<br />Time Is of the Essence. Time is of the essence In the performance of this Dead of Trust.
<br />Waiver of Homestead 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 secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in Mis Deed of Trust.
<br />Derogatory. The word "Beneficiary" means Bank of Clarks, and its successors and assigns.
<br />Borrower. The word "Borrower" means Olga M. Kane, and all other persons and entities signing to Note.
<br />Deed of Trust The words "Deed of Trust" mean his Dead of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating 10 Me Personal Property and Rents.
<br />Environments] Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without IimiMtion the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended. 42 LLS.C. Section Sept, at seq. ( "CERCLA "), Me Superhard Amendments and
<br />Reauthorization Act of 1988, Pub, L. No. 99 -499 ( "SARA -h he HSZmrws Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, At said., or other applicable state or federal laws, Si or regulations
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