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201008482
<br />DEED DF TRUST
<br />(Continued)
<br />Page B
<br />Elecfinn of Re�diea. Ali af Lender's ri8hts and remedies will be curnuEativ� and may be exerciaed alone or together. If Lender
<br />decides to spend money or !o pertarm �ny of Trustor's obligations under thfs Deed of Tru�t, after 7rusto�'s faifura to da so, that
<br />decision by Lendar wfll not affeCt E.ender's r�ght to declar�e 7r�tor in dafault artd to exerc�se l.erufer's remedies.
<br />Requast for Notice. Trustor, on faehalf of Trustcr and Lender, her+eby r�quests that a copy ot any Natice of DeFault and a copy nf any
<br />Notic:� af Sale wnder this Dee� of Trust be mait�d to �em at the addr+esses s�t forth fn the first peragraph of thfs Daed of'frust.
<br />Attameys' Fees; �xpenses. If Lender fnstitutes any suit nr �ction ta enfarce any of the terms of this Reed af Trust, l.ender ShaA i�e
<br />entitf�d to rscnver such sum as the court may adjudge reasanabie as attvmeys' fees at trial and upon any appeal. Whether ar not any
<br />court action is irrvafvecE, and ta the eyckettt not prahibited by faw, all reasonable expenses L�ndar Inours that €n L.�nder's opinion are
<br />necessary at any time far the protection of its interest ar the enforcern�nt of its right� sh�ll P�eoome a part of the Indebtedr�ess payable
<br />on demand and �halt bsar ir�terest at tha Nate rat� from the date of the e�enditure until repaid. ��enses covared by #his paragrap�
<br />inciude, withvut Ifmitativn, hawever subject to �ny limits under epplicrable I�w, l.ender's �ttameys' feas and Lende�'s legal expenses,
<br />whether ar not thera i� a lawsUlt, including attameys' fees and expanses for bankruptcy �rooeedings {knclud'sng el�orts to madify or
<br />vscate any autqmatic stay ar injunctian), appeals, and any anticipated post Judgrnent colfer,t3on senrices, the cost of searching
<br />recards, obtaihing titl� reports (Including fareclo�ut� reports), surveyors' reports, and appraisai fees, title insurance, and fees for the
<br />Tnlstee, ta the �xtent permitted by �pptfcal�e law. 'Crustar aiso wiit pay any c�urt vosts, in additivn tv all ather sums provided by
<br />law.
<br />Rights of Trustee. Trustee ahall have ail of the rights and duti�s of Lencfer as sat'forth In thia section.
<br />POWERS A�lD OBLICsATIONS OF TRUSTEE. T'he tfollawing �rovisians relating to the powers 8nd obiig�tlons af Trustee are part of this
<br />Deed of 7rust:
<br />Powers of Tr�6ee. In addition to alE powers af l'rustse arisinQ as a matter af law, Tru�tee shal! have the pvwer ta take the fnllr�wMg
<br />actians wfth respect to the Prnperty upan the written request of Lender and Trustor: (a) join in prpparing and flling a map vr plat vf
<br />tha Real Properiy, including the dedication oF streets or other rights to the public; (b) jain in granting any easement or creatinq any
<br />restrict3an an the Rea! Property; and (c) join In any subvrdinatian ar othar agreemerrt afFecting this €7eed af Trust nr the interest of
<br />Lender under this Deed of Trus�
<br />Trustee. Trustee shall mest all quaEificatians required for 7rustee under applieable law. In �ddit(on to the rights and remedies s�at
<br />farth abave, w)th respect to al{ or any part of the Properry, tf�e Trusfee shall have the rfght to foredose by notice and sal�, and L.ender
<br />w31( have fhe righ# to fnreclose by Judicfal fnredasure, in either case in accordanc;e with and tv the fuil exter�t provided by applicable
<br />isw.
<br />5uac�ssar Truatee. Len[ier, at Lendar's option, may from time ta times appaint a succesaor Trustee to any Trustee appairrted under
<br />this Deed af Tre�,st by an instrument exenuted and adcnowledged by Lender and recardBd in the affics of the racordar o� WALL County,
<br />State df Nebraska. 7he instrument shati canta€n, in addf6nn to all other matkers required by state law, the names of the nrlginal
<br />lender, Trusfee, and Trustar, the boak and page (or computer system rsf�rance) whe�re t�is f7esd of 7rust 9s recarded, and the name
<br />and address crf the successvr irustee, and th� instrument shafl be axecuted and acknowl�dged by �II th� l�eneflcleri�s under this Deed
<br />of Trust or their suc;aessors in In#erest. The successor trustee, without eonvey�nce aP the Prpperfy, shall sucoeed to alf the title,
<br />powar, and dutie� confarred upon the Trustee in this f3eed af Trust and by appNcable law. This p�ocedure far �ubs#Itution of Trustee
<br />shall govem to the �xclusian af alE other prav�sians far substitution.
<br />iVO710ES. Any notice required to be given under this L?eed pf Trust, inCiuding withput timitation any notioe af default and any notice of
<br />saEe shall be ghran in writln�, �nd shall be effectiv� when actu�lly deliver�4, whean actually received by lelefacsimi� (unlesa ottrerwise
<br />requir�d by (av�, when daposifad with � nationaAy recagnixed ovemight aoUrier, qr, If malled, when deposited in the United Statas mail, as
<br />first clas�, cerfi�ed or register�ed mai! postage p�epaid, directad to the addresses shown near th� beginning af this L�ed of 7rust. All
<br />copies af notir�rs af forecic�ure frvm the halder of any lien which has prlvrity aver this Deed of Trust sh�ll be sent to Lende�s address, as
<br />shown near the bepit�nina of thts Deed a# Trust. Any persnn may change his ar her address for noiioas under th(s peed af 7rust by givir�
<br />formal written notloe tiv khe ather persan or per�ons, speafying fhat th� purpose of the nntice is to change the parspn's address. Far
<br />rsatice purpases, Trustar agreee to keep 1»ender infom�ed at all times of Trustnr's curreni address. Unless othenrrlr,e provided ar required
<br />by law, if there is mvre than one Trustor, �ny natioa Bfven by Lender ta any Trustvr is deemed ta be npti�e given to all Tnastors. It wili be
<br />Trusto�s resporssibility to tell the others af the nntiae from Lender.
<br />N7ISGELLANEDU3 PROVlS1�N3. The following miscetlaneous prauisippa are a part af this De�d ofi 7rust:
<br />Amendmenta. What is written In this Deed of Trust and in tt►� Re{ated Dccuments ia Twustdr's �ntire agreerr�ent with Lender
<br />cpncernir�q the ►nattera oavered by this fJead af i"rust. To be �flective, any change ar ame»dmerrt #o t�is Deed of Trust must be ir►
<br />wrfting and must be signed by whoever witi qe bound or ahllg�ted by the c�range or amendm�nt.
<br />Gaptian Headinps. Cap#ion headings fn this Aeed of Trust are far oonvenfenca purpases anfy and ara not to be used to Interpret or
<br />defina tha provisions of khis peed of Trust.
<br />a�erger. There �hall be np merger of the interest or estate created by thls Deed nf 7rust wlth any ather interest nr estate in the
<br />Praperty at any time held by or for the bmneftt of Lender in any aapacity, withaut the writtari consent of Lerxlar.
<br />Gaverning Law. This C1eed of Truat wtif 6e gaverned by federal law applicabfe to I.ender and, tn thr ext�� not preempted hy faderal
<br />law, the laws o# th� 8tate of N�braska withaut repard t� Its coMllots af law provisiang. 7his Deed of Tn�t has bern accepted by
<br />I..ander In the State of Nebrqska.
<br />No Waiver by Landsr. Trustar understands L�nder will nat give up any of I.ender's rights under this C)eed of Trust unl�ss Lend�r does
<br />so in writFng. The fad fhat Lender delays pr omits ta sxercise any right wil! npt mean that LencEer has given up that right. If Lender
<br />does agree In writ�ng to give up ane of Lenders rights, that doe� nat mean 7rustar will not have tv camply with the other provisivns
<br />af this peed of Trust. 7rusWr also und¢rstands th�t li Lender daes consent to a request, that does not mean that trcrstvr wi11 nat
<br />have to get l.�ndsr's consent again if the sltusUan happens agaln. Trustor further under�taruls �at just because Lender cor�sents ko
<br />one or more af TrusWr's requests, that does nat mean l.ender will be required to consent tq any of �rustor"s fUture requests. 7r�stor
<br />waives pr�sentment, demand ivr payment, prv6ast, and natice of dishonor.
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