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200205972
<br />Loan Not 34382 Page 5
<br />"died may be exercised, corcurrentlyyof andependerndy, frorR tiime to itirne and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue indon sislont Tomadias Nothing in this Deed of Trust "I be•oonstrued as prohibiting tender from seeking a
<br />deficiency lutl{yrrerri dgait the Twakx to "the extent such action is permitted by law.
<br />Election of Remedies, ?31 of Lender's tights and rerred les will' be, cutuWladve and ±flay be exercised alone or together. If Lender deckles to
<br />spend tlxMey or to perform any of Trusters obi go tons under this Dead of Trust, after Trustor's failure to do so,, that decision by Lender will
<br />not affect Lenders right to declare Taste in default and io:axerrolse Landoee remedies,
<br />Request for Notice. Truskx, on behad of Trus or and Lender, hereby requests that a'copy of any Notice of Default and a copy of any Notice
<br />of Sate hinder this Deed of Trust be maaed to them at the addresses set forth R the first paragraph of this Deed of Trust.
<br />Attorneys' Face; Expenses. It Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled
<br />to recover awh sum as the court - :;may,adjudga reasonable as attomays'..fees at trial 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 LerWor's opinion are necessary at any time
<br />for the protection of Its sdtvest or tho enforcement of its rights shell booms a apart of the Indebtedness payable on demand and shall boar
<br />Interest at the Notes rate from the date of the expenditure unlit repaid. ± Expenses covered by the paragraph Include, without lirn itatpn,
<br />however subject to any limits, under applicable law, Landar's attorneys fens and Lander's legal expenses, whether or not there is a lawsuit,
<br />including atomays' 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 "arc" records, obtaining title; retorts (including foreclosure
<br />reports), surveyorV reports, and appraisal fees, title Insurance, and fees for the Trustee, to the wdent 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. Truslea shall have all of the does and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following pmvlslam relating to the powers and obligations of Trustee are pan 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 hap or plat of the Real
<br />Property, including the dedication of streets or other fights to the public; (b) join in granting arty easement or Creating any restriction on the
<br />Beat Property' and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of lender under this .Deed of
<br />Trust. ?.
<br />Trustee. Trustee shall meet all qualifications required for Trustee ureter applicable'. law_ In addition to the rights and remedies set forth
<br />above, with respeof is alt or any part-of the Property the Trustoa shall have the tight to foreclose by notice and sale, and Lender will have the
<br />right to: foreclose by judicial foreclosure, In air, case in accordance with and to tho full extend provided by applicable law. '...
<br />Successor Trustee. Lender, at Lender's option, may from fima to time appoint a successor Trustee to any Trustee appal under this
<br />Deed of Trust by an nnstnxnent executed and acknowledged by tender and recorded In the office of the recorder of Hall County, State of
<br />Nebraska. The instrument shall pontaIR in addition to all nthat matters required by state law, the names of the: original Lender, Trustee,: and
<br />Trustor, the book and page (or: computer system reference) where this peed 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 beneficiaries under this Dead of Trust or their
<br />successors in Interest The successor trustee, without conveyance of the Properly, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee to this Dead of Trust and by applicable law, This procedure for substitution of Trustee shall govern to the exclusion of all
<br />otherproviskxts for substitution.
<br />NOTICES. '.Arty notice required to be given under this peed of Trust, inducting without Imitation any notice of default and any notice of sale: shall
<br />be given In writing, and shall be effective when actually delivered, when aotuady received by toofacsintlle (unless otherwise required: by law),
<br />when deposited with a nationally recognized overnight courier, or, If malled, when deposited In the United States mail, as first class, candied or
<br />registered mail postage prepaid, directed to the addrasses shown near the' beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holier of any limn which has priority over this Dead of Trust shall be sent to Lender's address,.. as shown new the beginning of this Dead
<br />of Trust Any person may change his or hgreddiess for notices under this Deed cf Trust by giving foetal written notice to the other person or
<br />persons, specifying that the purpose !of dhe notice is to change the pefeWs address. For notice purposes, Trustor agrees to keep Lender
<br />Informed at all Imes of Trustors current address.; Unless odanvise provided or enquired by law. If there is more than one Trustor, any notice
<br />given by Lander to any Trustor is deed to be notice given to all Trusters-, If will be Trustor's responsibility to tail 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. What is writtarll in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the
<br />matters ' covered by this Deed of Trust. To be effective, any charge or amendment to this Dead of Trust must be in writing and must be
<br />signed by whoever will be bond or obligated by the flange of amendmment.
<br />Caption Headings..:. Caption heady in this peed of Trust arc for convonionce purposes 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 peed of Trust with any other interest or estate in the Property at
<br />any time had by orJor the bonsf t of Lender in any capacity; without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by and interpreted In accordannce with federal law and the laws of the State of
<br />Nebraska. This Deed of Trust his bean accepted by Lender In the Ststwof Nebraska.
<br />Choice of Verve. It there is a:lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Merrick County,
<br />State of Nebraska. '
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Dead'. of Trust shall be joint and several, and all references to
<br />Trustor: shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower anti Trustor signing below Is responsible for all obligations in this Dead of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give nap shy'.. of Lander's rights under this Deed of Trust unless Lender does so In
<br />writing.: The fact that Lender delays or omits to exercise any right will not mean that LoWer has -given up that right. If Lender do" agree in
<br />writing to give up one of Lander's rte, that does not mean Trustor will hot have to comply with the other Provisions of this Dead of Trust.
<br />Trustor also understands that if Lender does consort to a request, that does riot mean that Trustor will not have to get Lender's consent
<br />again 0 the situation '.. happens again. Trustor', further understands that j are
<br />just because Lender consents to one or m of Trustor's requests,
<br />that does riot mean Lender will be required to consent to any of Trustor's .. future requasts. Trustor waives presentment;: demand for payment,
<br />profit and notice of dishonor.
<br />SeverabIfity. If a court fines that any pmvsio n of this Deed of Trust is riot valid or should riot be erdorced, that fact by #sad will no mean
<br />that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court YOU enforce the rest of the provisions of this Deed of Trust
<br />even '. if a provision of this Deed of Trust may be found to be invalid or unenforceable
<br />Successors and Assigns. Subject to any linitadors stated in this Dead of Trust of transfer of Trustors iaerest, this Deed of Trust shall be
<br />binding:. upon and inure to the benefit of the parties, their suocesso's 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 referenda to this Dood'of Trust and the
<br />Indebtedness by way of forbearance or extension withoutlteteasing Trustor from the obligatkxre of this I%ed'of-Trust or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time is of the assents in the performance of this [Seed et 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 Dead of Trust.
<br />DEFINITIONS. The following words shalt have the flowing meanings when used in this bead of Trust;.
<br />Beneficiary. The word "Benefstiarr means Bank of Clarks; and Its successors and asatgns
<br />Borrower. The word' Borrower` rears Otonrei Guzman- Cirdron, and off otter persona and entities signing the Note.
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