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<br />_� y� 4- ���� j� �� ' r � DEED OF TRUST 2414�9Q33
<br />(Continued) Page 5
<br />law provided or permitted, but each shall be cumulative and shall 6e in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given 6y the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />tb time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of 7rust shall be cons#rued as prohibiting Lender from seeking a deficiency judgment against the l�rustar to the
<br />extent such aCtion is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's 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
<br />Notice of Ssle 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 �eed of Trust, Lender shall 6e
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court sctipn is invplved, and to #he extent npt prohibited by law, all reasonable expenses Lender incurs that in Lender's opinipn are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear intarast at the Npte rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, withbut 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 Cawsuit, including attorneys' fees and expenses fqr bankruptcy prooeedings (including etforta to mpdify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />recprds, obtaining title reports (including foreclosure reportsl, 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 sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fprth in this sectipn.
<br />POWERS ANb 08LIGATIpNS �F TRUSTEE. The follawing provisions relating to the powers and obtigations of Trustee are part of this
<br />Deed of Trust:
<br />Powers af Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />ections with respsct to the Property upon the written request af 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 tp the public; (b) join in granting any easement or creating any
<br />resiriction on the Real Prnperty; and (c) join in any subordination or other sgreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet ell qualifications required fpr 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 shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and tn the full extent provided by appliceble
<br />law.
<br />Successor Trustae. Lender, at Lender's pption, may frpm time to time appoint a successor Trustee ta 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 qf Hall County,
<br />State of Nebraska. 7he instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, 7rustee, and Trustor, the book and page (or computer system reference) where this peed 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 Peed
<br />of Trust or their successors in interest. 7he successor 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 />NOTICES. Any notic� required to be given under this Qeed of Trust, including without limitation 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 (unless otherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, nr, if mailed, when deppsited in the United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this �eed of Trust. All
<br />copies of notices of foreclosure from the holder of any Iien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this beed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or parsons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwisa pravided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any 7rustor is deemed to be notice given to atl Trustors. It will be
<br />Trustar's responsibility to tell the others of the notice from Lender. �
<br />OCCUPANCY. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution
<br />of this Security Instrument and shall continue to occupy the Proparty as Borrower's principal residence for the term of the loan. Failure to
<br />occupy the property as the borrower's persnnal residence shall be an event of default.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trus# and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. 1'o be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or smendmant.
<br />Caption Headings. Caption headings in this beed 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 />Merger. There shall be na 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 />Governing Law. 7his Deed vf Trust will be governed by federal law applicable to Lender and, to the extent not preempted hy federal
<br />law, the laws of the State of Ne6raska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Na6raska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts ot Buffalo
<br />County, State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that lender delays or omits to exercise any right will nnt maen that Lendar has given up that right. If Lendar
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this beed of Trust. Trustor also undersiands that if Lender does consent tq a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. 7rustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provisipn of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not 6e valid or enforced. Theref��re, a court will enforce the rest of the provisions of this
<br />Deed vf Trust even if a provision of this �eed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed ot Trust on transfer of ?rustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns, If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension without releasing Trustor from the obligations of this Desd of
<br />Trust or liability under the Indeb[edness.
<br />Time is of the Essence. Time is of the essence in the perfvrmance of this Deed of Trust.
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