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DEED OF TRUST 2 � 1� Q$1 4 2
<br />.. ° � " • � " (Continued) Page 5
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enfprce any of the terms pf thfs Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable es attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action ia involvad, 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 pf its interest or the enforcement of its rights shall become a part of tha Indebtedness payable
<br />on demand and shali bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender'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 injunctipn►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />recqrds, obtaining title reports (including foreclqsure reports�, surveyors' reporta, and appraisal fees, titls insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in additipn to all pthar sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POW�RS AND OBLIGATIONS OF TRUS7EE. 7he following provisions relating to the powers and o6ligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Truatee. 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 upvn the written request of Lender and Trustor: (a) join in preparing and filing a map or plat ot
<br />the Real Property, including the dedication pf streets nr pther rights to the public; (b) join in granting any easement or creating any
<br />restriction pn the Real Property; and (c) join in any subordination pr other agreement affecting this Deed vf Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applica6le law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Cender
<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.
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<br />5uccessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trus[ee to any Trustee appointed under
<br />this peed 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 cpntain,' in additiqn to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, 4he book and page (pr computer system reference) where this Daed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />pf Trust or their successors in interast. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and dutfa& canferred upon the Trustee in this peed of Trust and by applicable law. This procedure for substitu[ion of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NQTICES. Any notice required to be given under this Deed of Truat, including without limitatian any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unlsss otherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deppsited in the United States mail, as
<br />firat class, cartified or registered mail postaga prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of noticas of foreclosura frpm the holdsr of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the 6eginning of this Deed of Trust. Any party may changs its address for noticas under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of [he notice is to ohange ths party's addrass. For notice purposes, 7rustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless qtherwiae provided or requirad by law, if there is more
<br />than one Trustnr, any notice given by Lender to any Trustor is daemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. 7he 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
<br />parties as to the matters sat forth in this Deed of "frust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party pr parties sought to ba chargsd or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used tor purposes other than Trustor's residence, Trustor shall furnish to Lender, upon requsst, a
<br />certified statement of net operating incoma received from the Property during 7rustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating inepme" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purpases only and ara not ta ba used to interpret or
<br />dafine the provisions of this Deed of 7rust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any vther interest or estate in the
<br />Proparty at any time held by ar for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to tha extent not preempted by federal
<br />law, the laws af the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been acceptad by
<br />Lender in the State af Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit [o the jurisdictipn pf the courts of Hall County,
<br />State af Nebraska.
<br />Joint and Several l.iability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all refsrences to Trustor
<br />shall mean each and every Trustor. This msans that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. L.ender shall not be deemed to have waived any rights under this Deed of Trust unlsss such waiver is given in
<br />writing and signed 6y Lender. No delay or pmissian on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this peed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right atherwise to demand strict compliance with that provision or any pther provision pf this Deed of Trust. No prior waiver by
<br />Lender, nor any caursa of dealing between Lender and Trustor, shall constitute a waiver of any of Lander's rights or of any of
<br />Trustor's obligations as ta any futura transactions. Whenavar the consent of Lender is required under this �eed qf Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent ta su6saquent instances where such consent is
<br />raquirad and in all cases such consent may be granted or withheld in the sole discretipn of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision pf this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person pr circumstance, that finding shall not make the offending provision illegal, invalid, or unenforcea6le as to any other person
<br />or circumstance. If feasiqle, the pffending provisiqn shall be considered modified so that it becomes legal, valid and enfprceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted frvm this Daed of 7rust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this �eed of Trust shall not affect the lagality, validity or
<br />enforcaebility of any other proviaion of this peed of 7rust.
<br />Succassors and pssigns. Subject to any Ifmitations stated in this Deed ot Trust on transfer of Trustar's interast, this Deed of Trust
<br />shall be binding upan and inure to the benefit of the parties, their successors and assigns. If ownership of the Property beqomas
<br />vested in a person other than Trustor, Lender, without notice ta Trustor, may deal with Trustor's successors wiih reference to this
<br />pesd of Trust and the Indebtedness by way of ,forbearance or extension without releasing Trustor frpm the obligations of this Deed of
<br />Trust or liability under the Indebtedness. .
<br />' Time i3 of the Essence: Time' °is of the essence in the parformance of this Deed of Trust.
<br />�Waiver of Homestead Exemptfon. Trustqr herelay ralsasas and waivas all rights and benefits qf the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed pf Trust.
<br />�EFINITIONS. The following capitalized words and terms shall have the following meanings when used in this 17eed of Trust. Unless
<br />specifically stated tp the contrary, ell references to dollar amounts shall mean amounts in lawtul money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and ths plural shall include the singular, as the context may require. Words
<br />and terms not atherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
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