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DEED OF TRUST 20020,6830
<br />L oat, No: 34440 (� ontinued) pne 5
<br />ens "ad, mi!y be exercised, concurr9ntiy or independently, from time to: time and as often as may be dei cried expedient by Trustee or Lender,
<br />arid either of them may pun sue inconsistent ra-med.es. Nothing In this Deed of Trust shall be constri ed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted bylaw,
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to
<br />spend money or to perfonn any of Trustgr's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will
<br />not affect tender's right to declare Trustor in default and to exercise Lsnder's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, herebyrgquests'that a copy of any Notice of Default and a copy of any Notice
<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 tq:enforce any:of the terms of this Deed of Trust, Lender shall be entitled
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<br />t nc:over such swn as the court rnay 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 expeha,es Lender Incurs that In. Lenders opinion are necessary at any time
<br />for th r hrctecfio - -,f its interest or the enforcement of its rights shall become apart of the Indebtedness payable omdemand and $hail bear
<br />inta r;.t at the N , -e rate from the date of the expenditure until - repafd: , Expenses cohered by this paragraph include, without limitation,
<br />howf,vor suhiect fo any limits under applicable iaw, L'ender's attomeyt'.'feas anti Lender's legal "expenses;. whether or not there is a lawsuit,
<br />includinq attorneys' fees and expenses for bankruptcy proceedings (including efforts to'mtidify'or vacate any automatic stay or injunction),
<br />appeais, and any anticipated post- judgment collection services, the cost of searching records,'outaining title reports (including foreclosure
<br />reports), surveyors' reports, and appralsai fees, title insurance; and fees for'the Trustee,10 the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in, addition to all other sums provided by law,
<br />Frights of Trustee. Trustee shall have all of the rights and duties of Lerider as stet forth !n this s%; on
<br />POWERS AND OBLIGATIONS of TRUSTEE. The following provisions refr tiflg to the powers Viand oUlgations'af Trustee are part of this Deed of
<br />Trust:
<br />Powers of Trustee, in addition to all powers of Trustee'arising as a rniatter of I�w, Trustee shall have.tfie.power to take the following actions .
<br />with respect io the, Property upon the, written request of Lender an, Trustor• (a) join in proparing and ,filing a map or plat of the Real
<br />Property, inc Arg the dedication of streets or other rigs to the . I o,,' (b) joit`i in granting any easemenf or creating any restriction, on the
<br />Real Property; arid (c) join in any subordination or other agreement affecting this Deed of Trust or the fnterest of Lender under this Deed of
<br />Trust, i
<br />Trustee. Trustee shai! meet all qualifications required for Trustee under'appll cab ie law:.:'. iadditiorf'fd:fha.rights' and remedies set forth
<br />above, w0i respect to all or any part of the Property,`the Trustse'sh0,,.hhve the right to foreclose by'notice`and sale, and Lender will heave the
<br />right to foreclose by judicial foreclosure, in either case in accordance with arrd:tc'the full extent arov:lded by applicable law:
<br />Successor T rustee, Lender, at Lender's option, nlay'fr6m ilmp to'tirrla appornt'a'suocessor Trustob to"any T.ruste9 appointed under,' this
<br />Deed of Trust by an instrument executed and acknowiedgod by Lender and'rrjcordad in the officeV,the recorder of Hall -County, State of
<br />Nebaska. Ito instrument shaJi contain, in addition to all other'rriatters recuired`by'state law; thb' names of the'origlnal Lender, Trustee, and
<br />Trustor, the book and page (or computer system refcrence),whera! this Deed of. Trust 'is'recorded; and tho`name and address of the
<br />successor trustee, and the instrument $hail be executed and gckrioyvledgad by all the benefi0laries''underr this'Deod of Trust or their
<br />successors in interest. The successor trustea, without conveyarlcs of the Property, shall. succeadlo' all the ;116, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable' law. ,This prodedure for•' substitution of Trustee `shall govern to the exclusion of all
<br />other prc'.isions for substitution.
<br />NOTICE$. Any notice rec,i ;fired to be given under this Deed of Trust, 'iWUl iiig.withoutlim!tation "any notice of default and any notice of sale shall
<br />be given in writing, and sl all be effective when actually delivered; whem :actually; received; by,,telefacsimlle (unloss• 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 />regi. ;tererf mail postage prepaid, directed to the addresses shown near: the, beginning of this Deed of Trust.. •Ail copies of notices of foreclosure
<br />from the holder of any lien 'which has priority over this Deed of Trust shall be sent toiLender's address, as shown near the beginning of this Deed
<br />of Trust. An f
<br />Any parson may change his or her address far naticos under tftisDr3edi01 Trust.�y :giving furriaf written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the perjon's, address , For notice purposes - Trustor agrees to keep Lender
<br />informed at all times of Trustor's current address, Unless otherwise prcv{ded or.re�quired'by,law, If there'is ;note than one Trustor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Tiusior$ It will be :Trustors�resporisib,llly'to felt the others of the notice from
<br />Lender, j ' +- .;a
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisionsiare a pad of this Deed of Trust:
<br />Amendrvionts. What is written in this Deed of Trust and In the Related ;Documents'is Trustor's entire agreement with Lender conceming the
<br />matiors coverod by this Dead 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 orarnendment
<br />Caption pleadings. Caption headings in this Deed of Trust are for convenisnop purposes only and are not to be used to Interpret or define
<br />the provisions of this De &d of Trust.
<br />merger. These+ shall be no merger of the interest or estate created bythis De©d of Trust with any. other interest'or estate in the Property at
<br />any tirna held by or for the benefit of Lender in any capacity, without the written Consent of Lender. r
<br />Governing Law, This Deed of Trust will be governed by and interpreted in accordance with fedoral law;and the laws of the State of
<br />Nebraska. This peed of Trust has been accepted by Lender intho.State 0Nebraska,;
<br />Choice of Venr.e, If there Is a lawsuit, Trustor,agnaes upon Lsnders requestyto'submit to the Jurisdiction of the courts of Merrick County,
<br />Stato of Nebraska-
<br />. y t.
<br />Jaunt and Several Liability. All obligations of Borrower and T ruator under this peed of Trust shall be joint and,severai, and all references to
<br />Trustor shall mean each and every Trustor, and all references to :BOrrower.shail mean each,and av6ry Borrower. This means that each
<br />Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust, ;
<br />No Waiver by Lender, Trustor understands Lender wll! 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 wily not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comely with the other provisions of this Dead of Trust.
<br />Trustor also understands that if Lender does consent to a request,ithat does hot mean that Trustor will not have to get Lender's consent
<br />again it the situation happens again. Trustor further understands that Just beclause'Lender oonsents,to one or more of Trustor's requests,
<br />that does not rnean Lender will be required to consent to any of Truelor'srfurure equests Trustor waivesypresentment, demand for payment,
<br />protest, and notics of dishonor. ! '
<br />severablllty. If a court fu ids that any provision of this Deed of,,Trust l$' not valjd or, should .'not beehforced, that fact by itself will not mean
<br />Mat the rest of this Doed of Trust will riot be valid or enforced,, �Therefofe .a court will enforce the're3t of, the provlslons of this Deed of Trust
<br />even if a provision of this Deed of Trust may be found to N9 invalld orpr'tenforce$bie,
<br />Successors and Assigns. Subject to any limitations stated in this Dapd.of Trust n fransfarof7rustoes.interest, this Deed of Trust shall be
<br />binding upon and Inure to the benefit of the parties thpir.successorc anp: assigns. f °p ti'gt fiip'rof °'the Property becomes 'vested In a person
<br />other than Trustor, Lender, without notice to Trustor';' may, deal, with `Trusto6 alrcodiabrs with; reference. to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releaslrgl,TrUstor, from the obligations of- 016,069d of Trust or liability under the
<br />Indebtedness, "
<br />Time Is of the Essence. Time Is of the essence In the performance cif this Deed of Trust;
<br />Waiver of Hnrrrestead Exemption, Trustor hereby releeises and :waitrae all rlghts'and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all indebtedness secured by this Deed of Trust, ;
<br />DEFINMONS, "rho following words shall have the following meanings when used in this Dead of Trust:
<br />Beneficiary, The word 'Beneticiar ' means Bank of Ciarks, and Its successorsliand assigns:
<br />Borrower. The word " Borrower' means Baltazar Palma- Ambriz, and 611,other persona and entitles signing the Note,
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