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� , � , DEED OF TRUST ��i�U�g92
<br />(Continued) �age 5
<br />Nothiny in this �eed of Trust shall be construed as prahibiting Lender frpm secking r� deficiency judgment against the Trustor to the
<br />pxtent such action is permitted by law.
<br />Election of Ftemedies. All q( Lender's rights and remedies will be cumulative and may be exercisec� ealon<: or to,yc:ther. If l.e:ridEar
<br />decides ta spend money qr to pertorm any of ��rustor'S oblig�tions unc�er thi5 Qeec� o( Trust, afler Trustpr's failure to do so, that
<br />decisiqn by Lender will not affect Lender's riyht to declare Trustor in cie(ault �md to ex�;rcisc Lender's remedies.
<br />Request for Notice. 7rustor, on beh�lf o( Trustor �nd Lender, hereby requests tht31 r� copy of any Notice ot Ueft�ult and 'a copy o( any
<br />Notice of Sale under this Deed of Trust be mailed to Chem t�t the addresses set fvrth in the first pt3ragraph qt this Deed of Trust.
<br />Attorneys' Fass; Expanses. I( Lender instituces any suit or action co eniorce any o( the terms of this I]eed of Trust, Lender shs�ll be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' (ees at trit�l and upon �tny appeal. Whether or not any
<br />court. action is involved, and to th�� extent not F>rohibited by law, all re�sc�n�blc: expenses l.ender incurs that in Lender's opinion are
<br />necassary at any timc� for the protection of its interest or the en(orcement oi its rights sh�ll become a pArt of the Indebtedness K�ayable
<br />bn dem�nd �and shtall bear intereat t�t the Nata rtato from the date of the exppnditurG until repaid. Expenses cpvered by this paragraph
<br />include, without limit�ttion, howevcr subjact to tany limil5 undcr t�pplicable law, Lpnder's attqmeys' fees and Lender's leyal expenses,
<br />whefher or nql there is a lawsuit, including attorneys' iees and expenses for bankruptcy proceedings (including eftorts to modify or
<br />vacate any automatic stay or injunctionl, appeals, �nd �any anticipated post-judgment collection services, the cast of searching
<br />records, obt�aininy title reports (including foreclosure reports), surveyor5' reports, t�nd appraisal fees, titla insurancq, and tees for the
<br />Trustee, to rhe extent permitted 6y applicat�le law. 7rustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Ftights of Trustee. Trustee shall have all of tho rights and duties of Lender as set farth in this s�ction.
<br />POWERS AND nBLIGA710NS OF TRUSTEE. Thc; followin,y provisions rclating ta the powers and pbligations of Trustee are part ot this
<br />Uoed of Trust:
<br />Powers of Trustee. In addition to t�ll powcrs of Trusl�e arising ss a matlar pf law, Trustea shall hava the power to take the following
<br />actions with respect t� the Property upon thc writ[en requesr of l.ender sand Truskor: (a) join in preparing and filing a map or plat oi
<br />the Fieal Property, including the dedicatic�n c�f slrepts ar qther rights ta lhe puqlic; (b� join in granting any easement or creatiny any
<br />restriction on che Re��l Proporty; and Ic) join in any subordinatipn or pther agreement affecting this Deed of Trust or the intr;rest oi
<br />I..�;nder under this Decd �f Trus1.
<br />7rustee. l ruatee shall meet all qualifict�lions rpquirqd tor Trustee under applicable law. In addition fo th8 rights and remedies 5et
<br />(orlh above, wilh respect to all pr any part pf the Prpperty, the Trustee sh�ill have tho right to forec�ose by notice and sale, and I.r:nder
<br />will have The right to tqreclos� by judicial foreclosure, in eithc�r case in �iccordar'ice wilh ��nd tp the full extent prpvided by applict�ble
<br />leaw.
<br />Successor Trustee. I_ender, tat l.endor's aption, may from time ta time appoini a successor 1 rustee to any 7rustee appointed under
<br />this Peed oi Trus[ by ��n insirument executed and acknowledged by Lendor and recorded in the office of the reeorder bf Hall County,
<br />State pf Nebraska. 7he instrument shall cnntain, in additi�n to all other m�atters required by state I�tw, the names �f thp priginal
<br />Lender, Trustee, and Trustnr, the book �and page (or computer system reference) where this De�d of Trust is recarded, �nd thc name
<br />and addr�ss of the successor trustee, �nd the instrumerit shall be executec7 �nd acknowledged by all the beneTiciaries under this Deed
<br />o( Trust or their successors in interest, The successor trustee, without convc;y�nce of the Praparty, shall succeed to all the title,
<br />power, and duties con(erred upon thp Trustee in this Dt:�d of Trust and by applicable law. This procedure for substitution ot Trustee
<br />shall govern to the exclusion pf all other prpvisions tor substitution.
<br />N0710ES. Any natic:e reyuirc�d to be yivpn undc�r this Deed of Trust, including withput limitt�tion any notice of default and any notice of
<br />sale shall be yiv�n in writing, and shall be eftective when actually delivered, when actually received by telefacsimile lunless otherwise
<br />required by lawl, when depositad with a nationally recognized overnight courier, or, if mailed, when deposited in the Unitec� 5fates mail, as
<br />tirst class, certified or registered m�ii post�ge prepaia, directed to the Addresses snown naar the beginning af this Qeed of Trust. All
<br />cbpies of notices af forec;losure (rpm tho holdor pf any lien which has priority over this peed of Trust shall be sent to Lender's address, as
<br />shown near rhe beginning pf this Deed of 1 rust. Any person may change his or her address fc�r nolices under this Deed of Trusl by giving
<br />formtal written nptice to the other person or persons, sp�ci(yiny that the purpose of che notice is to change the person's address. For
<br />notice purposes, `i rustor eigrees lo keep Lender in(ormc:d al aill timE�a of Trustor's current ¢iddress. Unless olherwise prpvided ar required
<br />k�y law, if there is rric�re th��an onc: Truslor, t�ny notico givpn hy Lender ta any Trustor is deemed tp be nptice given to all Trustors. It will be
<br />Trustor's responsibility to tell the athers o( the notice trom Lender.
<br />MISCELLANEOUS PROVISIONS. Thp tpllpwing miscellaneous provisions are �a pari pf this Ueed of Trust:
<br />Amendments. What is writlen in this Deod oi Trust and in [he Related Documents is Trustor's entire agreement with Lender
<br />concerning the m�itcers covered by this Deed of Trust. To b� eifective, any change or amendment to this beed of 7rust must be in
<br />writin,y and must t�e signed by whoever will 6o bound or obligated by the change or amendmenf.
<br />C�tption HeAdings. Caption headings in this Deed pt Trust are for convenience purposes only and are not to be us�d to interpret or
<br />define tha provisions ot this Ueed b( 7rusf.
<br />Merger. There shall be no merger ot the interest pr estate cr�ated by this Deed oi 7rust with any other interest or est�ate in the
<br />Prqperty at t�ny time held by or for the benefit of Lender in any capacity, without the writt�ri consent o( Lender.
<br />Gpverning Law. This Daod of Trust will be governed by federal law applicable to Lender and, to the extent nvt preempted by federal
<br />law, the laws of the State of Nebraska without regard to its confticts nf law provisions. This Deed of Trust has beery accoptnd by
<br />Lender in the State of IVehraska.
<br />Choice of Venue. If there is �� lawsuit, Trusfor �yrees upon Lender's request to submit fo the jurisdictinn of the courls o( Hall Counly,
<br />5tate ot Nebraska.
<br />Jvint and 5everal Liability. All obligAtipns of Trusior under this Qeed of Trust shall qo joint and several, and all references ta Trustar
<br />shall me�an e��ch and every Trustor. This me�ns that c:3ch Trustor signing helow is responsible for all obligatians in this pec:d of Trust,
<br />No Waiver by Londer. Trustor understands l.ender will not give up any of Lender's righis under this peed ot Trust unless I�ender docs
<br />so in writin,y, Thc: f��ct that Lender delays pr omits to exprcisp any right will nor maAn thar Londer has givwn up thai riqh'f. I( Londer
<br />does agree in writing to give up one of Lendor's rights, thet does not mean ��rustor will not have to eomply with the other provisions
<br />of this Deed qf 1'rust. rrustor also understands that if Lender does consent to � request, that does not mean that 7rustor will not
<br />hAVe to get Lender's consent again if fhp situ�tion happens again. Trustor further understands th�t just ta�cause Lender consents ta
<br />ane ar more of 7rustor's requests, that does not mean Lender will bc required to cqnsent to any of 7rustor's future requests. Trustor
<br />waives presontment, demand for payment, protesl, and notice ot dishonor.
<br />5overability. IY a court finds thac any provision �f chis [�eed oi Trust is not v�ilid or should not be enforced, th�t fact t�y itself will n�t
<br />mean that thc; rc;st of this Deqd pf Trust will nqt be v��lid pr enforc;�:d. Therefpre, � court will eniprce lhe rest <>f the prpvisic�nv c>( fhis
<br />Deed of Trust ev�n it a pravision of this Deed of Trust may be taund tp be invalid or unentorcefible.
<br />Succassors and Assigns. Subjecl to ��ny limir�tions stzited in this peed o( Trust on trAnsier oi Trustor's interest, this �c�ec9 0( Trust
<br />shall be binding upon and inure to the t�enefit ot tNe parties, their successors and assigns. It ownership pi the Property becomes
<br />vcsted in a person other than 7rustor, l.ender, without noticc; to 7rustor, may deal with 1`rustor's successors with reterence to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releASing Trustar fram thc obligations oi this Deed oT
<br />l rust or liability under the lndebtedness. r ... ..,. «.,,.q.� „..„,
<br />7ime is of the Essence. Time is ot the essence in the performance of this ee qt 7�r�5C.; y '`' *`�'� �' ���'
<br />� � .. ,.. M ' � �� r+e a : �'l� �
<br />Waiver of Homostead Exemption. 7rusYor hereby releases and waives all igF�6;?�[tdp�.�fi�q{�f�e h�stead exemption laws oi the
<br />Staate oi Nehraska ;�s t� all Indc:bledness secur�:d by this Deed o( Trust. ��•�
<br />DEFINITIONS. Thc follqwing words sh�ll h�ve the follpwing moanings whc;n used in this p�cd of Trus�:
<br />Benoficiary, The word "Bi�neiici�ry" me�ns Platte Vt311ey St�tc:� Be�rtk $ Trusl C(�mpany, tand it5 suc:cessors ¢ind �asiyns.
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