|
<br />Loan No: 809638
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200806301
<br />
<br />Page 5
<br />
<br />whether by court action or purauant to the power of sale Or other powers contained In this Deed of Trust, shsll prejudice or in any
<br />manner affect Trustee's or Lender's right to reslize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed thet Trustee and Lender. and each of them, shell be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner 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 be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted. but each .hall be cumulative and shall be in addition to avery othar ramedy given In thl. Deed of Trust or
<br />now or hereafter exi.ting at law or In equity Or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Tru.tee or Lender or to which either of them may be otherwi.e entitled, may be exercised. concurrently or independently, from time
<br />to time and as often a. may be deemed expedient by Trustee or Lender. and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Tru.t .hell be construed.. prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditure. or to take action to perform an obligation of Trustor under this Deed of Trust. after Trustor's failure
<br />to perform. shall not affect Lender's right to declare a default end exercise its remedies.
<br />
<br />Requelt for NollcI. 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 paragraph of this Deed of Tru.t.
<br />
<br />AttorneYI' Feel; Expen.... If Lender Institutes any suit or Iction to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court mey adjudge reasonable as attorneys' fees at trial and upon any appaal. Whether or not any
<br />court action ia involved. and to the extent not prOhibited by law, all reasonable expenses Lender Incurs that In Lender's opinion are
<br />nece..ary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtednes. paysble
<br />on demand and shall bear intere.t at the Note rate from the date of the axpanditure until repaid. Expenses cover ad by this paragraph
<br />Include, without limitation. however .ubject to any limits under applicable law. Lender'. attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including affort. to modify or
<br />vacate any automatic stay or injunction). appaal.. and any anticipated post-judgment collection servicas. the cost of .earching
<br />records. obtaining title reports (InclUding foreclosure reports). surveyors' reports. and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs. in addition to all other .ums provided by
<br />law.
<br />
<br />Rlghta of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this .ection.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Tru.t:
<br />
<br />Powe.. of Trustae. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property. including the dedication of streets or other rights to the public: (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Tru.t.
<br />
<br />Trultae. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above. with respect to all or any part of the Property, the Trustee .hall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<br />Succeslor Trultee. Lender. at Lender's option, mlY from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender. and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matter. required by state law. the nameS of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust i. recorded. and the name
<br />and address of the SUCCessor trustee. and the in.trument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Tru.t or their successors in interest. The succes.or 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 Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />
<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 .hall be effective when actually delivered, when actually received by telefacsimlle (unless otherwise
<br />required by law). when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States 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 foraclo.ure from the holder of any lien which ha. priority over this Deed of Trust shall be sent to Lender's addre.s, as
<br />shown near the beginning of this Deed of Trust. Any party may change its addre.s for notices under this Deed of Trust by giving formal
<br />written notice to the other parties. speCifying that the purpose of the notice Is to change the party's address. For notice purposes. Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law. if there is more
<br />than one Trustor. any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous proviSions are a part of this Deed of Trust'
<br />
<br />Amendmenta. This Deed of Trust. together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matter. .et forth in this Deed of Trust. No alteretion of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or partin sought to be charged or bound by the alteration or amendment.
<br />
<br />Annuel Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender. upon request. a
<br />certified statement of net operating Income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with tha operetion of the Property.
<br />
<br />Cepllon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or
<br />define the prOVisions of this Deed of Trust.
<br />
<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 any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />
<br />Governing Law. This Deed of Trult will be governed by federal lew Ippllceble to Lander end. to the extent not preempted by federal
<br />lew, the lews of the State of Nebreske without regerd to Ita conflicts of law provlslonl. This Deed of Trult hee been ecceptsd by
<br />Lender In the Stats of Nebreska.
<br />
<br />Choice of Venue. If there is a lawsuit. Trustor agree. upon Lende"s request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraaka.
<br />
<br />No Welver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given In
<br />writing and .igned by Lender. No delay or omission on the part of Lender In exerCising any right shall operate as a waiver of .uch
<br />right or any other right. A waiver by Lender of a prOVision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust, No prior waiver by
<br />Lender. nor any course of dealing between Lender and Tru.tor, shall constitute a waiver of any of Lender's right. or of any of
<br />Tru.tor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases .uch consent may be granted or withheld in the sole discretion of Lender.
<br />
<br />Severeblllty. If a court of competent jurisdiction finds any provi.ion of this Deed of Trust to be illegal, invalid. or unenforceable as to
<br />any circumstance. that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provi.ion shall be considered modified so that it becomes legal, valid and enforceable, If the offending
<br />provision cannot be so modified. It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality. Invalidity, or unenforceablllty of any prOVision of this Deed of Trust shall not affect the legality. validity or enforceability of
<br />any other proviSion of this Deed of Trust.
<br />
|