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<br />e
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<br />[oan No': 807093
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<br />DEED OF TRUST
<br />(Continued)
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<br />e
<br />200611193
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<br />Page 5
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<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment (lnd perform<lnce of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust. under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstmlding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secumd, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust. shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or herealter held by Trustee or Lfmd8r, it
<br />being agre8d that Truste8 and Lender, (lnd e<lch of them, shall be entitled to enforce this De8d of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such ordP.r <lnd m<lnnm as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to b8 8xclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or herealtm existing 1lt law or in equity or by statute. f:very power or remedy given by the Note or <lny of the Related Documents
<br />to Trustee or Lender or to which eithP.r of them m<lY be otherwise entilled, m<lY be flxmcised, concurrently or independently, from time
<br />to time and 1lS often as may be de8m8d 8xpedient by Trustee or Lend8r, and 8ither of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment agninst th8 Trustor to the
<br />extent such action is permitted by law.
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<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised II1on8 or tog8thm. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's fnilur8 to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's rem8dies.
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<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first pamgmph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforc8 any of the terms of this Deed of Trust, Lender sh<lll b8
<br />entitled to mcover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any npp8nl. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights sh<lll b8come n part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the dnte of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicnble Inw, L8nder's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and nppraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable Inw. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obliglltions of Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to illl powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br /><lctions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plM of
<br />the Real Property, including the dedication of streets or other riqhts to the public; (b) join in granting any easement or cmating any
<br />restriction on the Real Property; and (c) join in nny subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee undm applicable law. In addition to the rights and remedies set
<br />forth nbove, with respect to all or nny pmt of the Property, the Trustee shall have the right to foreclose by notice nnd sale, and Lender
<br />will have the right to foreclose by judici<ll foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law,
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by nn instrument executed and acknowledged by Lender and recorded in the officfl of the recorder of Hall County,
<br />State of Nebrnska. The instrument shall contain, in addition to all other matters required by state law, the names of the originnl
<br />Lendm, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shnll be executed and acknowledged by all the beneficimip.s under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustep.
<br />shall govern to the exclusion of all other provisions for substitution.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall bp. effp.ctive when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by Inw), when deposited with a nationally recognized overnight courier, or, if mniled, when deposited in the Unil.erl Stlltes mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person mny change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying thnt the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep L.ender informed at all times of Trustor's current address. Unless otherwise provided or requirerl
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lenrler
<br />concerning the m1ltters covemd by this Deed of Trust. To be effective, any chantJP. or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
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<br />Caption Headings. Cnption he<ldings in this Deed of Trust are for convenience purposes only and are not to he used to interpret or
<br />define the provisions of this Deed of Trust.
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<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
<br />Property at (lny time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
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<br />Governing Law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit. Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean ench and every Trustor. This means that e<lch Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise nny right will not mean that Lender has given up thnt right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply wittl the other provisions
<br />of this Deed of Trust. Trustor also understands that if L8ndm does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
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