Laserfiche WebLink
DEED OF TRUST <br />Loan No: 1541036 200206061 (Continued) Page 5 <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 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 Lender's opinion are necessary at any time <br />for the protection of its interest or the enforcement of its rights shall become a part 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 atlorneys'fears 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 bile 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 ether 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 fallowing provisions relating to the powers and obligations of Trustee are part of this Dead of <br />Trust: <br />Powers of Trust". 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 Truster: (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 addiction an the <br />Real Properly; and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed 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 ell or any part of the Property, 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 stale law, the names of the original Lender, Trustee, and <br />Truster, the book and page (or computer system reference) where this Dead of Trust is worded, and the name and address of the <br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries 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 Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all <br />other provisions for substrution. <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, if 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 Deed 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 Lender's 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, speciMng that the purpose of the notice is to change the person's address. For notice purposes, Truster agrees to keep Lender <br />informed at all times of Truster's current address. Unless otherwise provided or required by law, if there is more than one Taster, any notice <br />given by Lender to any Truster is deemed to be notice given to all Trusters. It will be Truser'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. What Is written In this Deed of Trust and In the Related Documents Is Trustor's entire agreement with Lender oenoermug the <br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed 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 purposes only and are not to be used to interpret or define <br />the provisions of this Deed 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 written consent of Lentler. <br />Governing Law. This Dead 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 />John and Several Liability. All obligations of Lester under this Deed of Trust shall be joint and several, and all references to Truster shall <br />mean each and every Truster. This means that each Truster signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Truster understands Lender will not give up any of Lender'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 Lender has given up that right. If Lender does agree in <br />writing to give up one at Lender's rights, that does not mean Truslor will net have to comply with the other provisions of this Dead of Trust. <br />Truster also understands that if Lender does consent to a request, that does not mean that Truster will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that lust because Lender consents to one or more of Trusters requests, <br />that does not mean Lender will be required to consent to any of Truster's future requests_ Truster waives presentment, demand for payment, <br />protest, and notice of dishonor. <br />Severablllty. If a court finds that any provision of this Deed of Trust is not veto or should not be enforced, that fact by itself will not mean <br />that the rest of this Deed of Trust will not be valid or enforced. Therefore, a noun will 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 limitations stated in this Deed of Trust on transfer of Truster's interest, this Dead of Trust shall be <br />binding upon and inure to the benefit of the ponies, their successors and assigns. If ownership of the Property becomes vested in a person <br />other than Truster, Lender, without notice to Trustor, may deal with Trustor'S successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the <br />Intlebtetlness. <br />Time Is of the Essence. Time Is of the deemed In the performance of this Deed of Trust. <br />Waiver of Homestead Exemption. Theater 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 this Deed of Trust: <br />Renew laly. The word "Bonef cart'' meant [lobed Nebraska Bank, and Ile Successors and assigns. <br />Borrower. The word "Borrower" means Gregory L Olson and Laura K Olson, and all other persons and entities signing the Note. <br />Deed of Trust. The words "Dead of Trust" mean this Dead of Trust among Truster, Lender, and Trustee, and includes without limitation all <br />assignment and security Interest provisions relating to the Personal Property and Rants. <br />Environmental 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 limitation the Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Supertight Amendments and <br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. SeollOn 1801, at Seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable slate or federal laws, rules, or regulations <br />adopted pursuant thereto. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default <br />section of this Deed of Trust. <br />