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<br />20060,2987
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<br />DEED O~ TRUST '00600817
<br />(Contmued) 02- 0 0 8 0 2363
<br />RE-RECORDE
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<br />Page 5
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<br />Loan No: 1309157 .
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<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not
<br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this
<br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
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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 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.
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<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 attorneys' 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 searching records, obtaining title 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 other sums provided by 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 obligations of Trustee are part of this Deed of
<br />Trust:
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<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 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 restriction on the
<br />Real 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.
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<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 the Property, the Trustee s'liall have the right to foreclose by notice and sale, and Lender shall have
<br />the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable 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 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 state law, the names of the original Lender, Trustee, and
<br />Trustor, the book and page (or computer system reference) where this Deed 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 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 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 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 ~ited with a nationally recognizlid ovwnightCOJ.lfiw, or, if mailed. when deposited in the UMlid States maU, 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 Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's
<br />current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors.
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<br />CROSS-COLLATERALlZATlON. This Security Document (whether UCC, Security Agreement, or Deed of Trust) is intended to secure all existing
<br />indebtedness and all future indebtedness hereafter acquired, by any and all borrowers and any and all grantors. .
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<br />FUTURE ADVANCES. Specifically, without limitation, the Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
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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. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
<br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
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<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified
<br />statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
<br />operation of the Property.
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<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.
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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 Property at
<br />any 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~ t!!e laws of thli!l State of N~r,.f.!s.8 wlth()ut r~rd to its c:onfllcts of law provisions. This Deed of Trust has been accepted by
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<br />Joint and Several liability. All obligations of Borrower and Trustor under this Deed 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 and Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />N~ .Waiver ~y Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />wntlng and. Signed by. Lender. No delay or Ol:"~sion on the part of Lender in exercising any right shall operate as a waiver of such right or
<br />any other ngh~. A wal~er by L~nder of a p~~vlslon of this Deed o~ ~rust shall not prejudice or constitute a waiver of Lender's right otherwise
<br />to d~mand stnct compliance With that prOVIsion or any other provIsion of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing ~etween Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future
<br />transactions. ~henever.th~ consent of Lender is requir~d under this Deed of Trust, the granting of such consent by Lender in any instance
<br />shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be
<br />granted or withheld in the sole discretion of Lender.
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<br />Severability: If a court of co~pe~ent jurisdiction finds any provi~ion of t~is Deed of ~rust to be illegal, invalid, or unenforceable as to any
<br />p~rson or clrcumstan~e, that finding .shall no~ ~ake the offending provIsion Illegal, Invalid, or unenforceable as to any other person or
<br />clrcu~stance.. !f feaSible, the offendl~.g pr?vlslon shall b~ considered modified so that it becomes legal, valid and enforceable. If the
<br />offen~lng. proVISion cannot be so ,!!odlfled, It shal.1 ~e cons~dered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />IlIeg~II~, inValidity, or unenforceabllity of any provIsion of thiS Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />prOVIsion of thiS Deed of Trust.
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<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
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