|
<br />
<br />
<br /> DEED OF TRUST 2 0 0 9 0 8 6 6 6
<br /> Loan No: 30562 (Continued) Page 5
<br />
<br /> express or implied. The recitals in such deed of any matters or facts shall be conclusive proof;of,the truthfulness thereof,. Any
<br /> Parson, Includin9without iimitation."(rustor, Trustee or Lender, may purchase at suclj sale .
<br /> .
<br /> (b) As may be ~perrrilfidd !by law, "after deducting 'all costs, fees and expenses of Trustee' and 'of this Trust, including costs of
<br /> evidence of,title in connection with sale; Trustee shall apply the proceeds of sale to payment of (i) all sums expended under the
<br /> terms,of this Deed-Qf Tryst or under the terms of the Note not then repaid, including but not limited to accrued interest and late
<br /> charges, (ii) all other sums then secured hereby, and (Iii) the remainder, if any, to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance 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 Note,
<br /> under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of
<br /> such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of
<br /> trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br /> pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's
<br /> right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, It being agreed that Trustee and Lender, and
<br /> each of them, shall be entitled to enforce this. Deed of, Trust and any other security now or hereafter held by Lender or Trustee in such order
<br /> and manner as they or either of,them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender, is intended to be.exclusive.of any.other, remedy in this Deed of Trust or py 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 Dead 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.
<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.
<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 90urt' may adjudge reasonable'as attorneys' fees at trial and upon any"appeal. Whether or not an) court action is
<br /> involved, andio the extent not prohibited bylaw, alf reasonable expenses •Lender incurs that In Leader's opinion are necessary at any time'
<br /> for•the.protection of its interest;or the, enforcernentaf•.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 expgr)diture: until repaid.Expenses,covered,,by thJS ;paragraph„includej..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.
<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 following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br /> Trust:
<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.
<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 shall 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.
<br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br /> Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of
<br /> County, State of Nebraska, The instrument shall contain, in addition to all other matters required by state law,
<br /> the names of the .original Lender, Trustee, and Trustor, the book and page .(or, computer, system reference) where this Deed of Trust is
<br /> recorded,. and the name and address of the successor trustee, and, the instrument shall be executed and acknowledged by all the
<br /> beneficiaries under this Dead of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall
<br /> succeed to all the title; power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This, procedure for
<br /> substitution of Trustee shall govern to the'exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, induding'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,Jf 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 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.
<br /> FUTURE ADVANCES. This Deed of Trust / Real Estate Mortgage / Security Agreement is Intended to secure any and all future advances, on any
<br /> current or future Promissory Notes, made by the Lender to any or all Borrower(s) and/or Grantor(s) hereafter advanced,
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<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.
<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.
<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 Dead, of Trust with any other, interest or estate in the Property,at
<br /> any, time,held.by or for;the benefit of mender in:,any,,capacity, without the written cortsent.of !render.. ,
<br /> Governing Law. This Dead .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 provislons:. This Deed of Trust has been accepted by
<br /> Lender in the State-of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of CASS County,
<br /> State of Nebraska.
<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 />
|