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DEED OF TRUST
<br />�" � s�,; i (Continued) 2 010 0 9 0 3 4 Page 5
<br />remedy canferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed af Trust or by
<br />law provided or permitted, but each shall be cumulative and shali be 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 by the Note or any of the Related Documants
<br />to Trustee or Lender or to which either ot them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />tv 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 Trust shall be construed as prohibiting Lender from seaking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Elaction of Remedies. All of Lender's rights and remedies will be cumulative and msy be exercised alone or #ogether, If Lender
<br />decides tv spend money or to perfvrm any of Trustor's obligations under this Deed af 7rust, after Trustor's failure to do so, that
<br />decision by Lander will not affect Lender's right to declare 7rustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, nn behalf of Trustor and Lender, hereby requests that a copy of any Notice of befault snd a copy of any
<br />Notice of 5ale unde� 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 peed of Trust, Lender shall be
<br />entitled to recpver such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether qr not any
<br />court action is involved, and to the extent nat prohibi[ed 6y law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time tor 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 interest at the Note rate from chs date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitatian, however subject to an}7 limits under applicahle 1aw, tender°s at`Ca��r�eys' a�rd legal expe'nses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify nr
<br />vacate any autvmatic stay or injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports►, surveyors' reports, and appreisal fees, title insurance, and fees for the
<br />7rustee, 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 af Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS �F TRUSTEE. The fpllowing provisions relating to the powers and qbligations of Trustee are part of this
<br />Deed of Trust:
<br />Pnwers of Trustee. In addition to all powers of 7rustee arising as a matter of law, Trustee shafl have the power to take the following
<br />actions with respect to the Property upon tha written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />tha Real Property, including the dedication ot streets or other rights to the pu6lic; (6) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordinatipn or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />7rustee. Trustee shall meet all quatificetions required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth abave, wi[h respect to all or any part of the Property, the Trustee shall have the righ[ 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 to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoin[ a successor ?rustee to any Trustee appointed under
<br />this DeBd af Trust by an instrument executed and acknowledged by Lender and recorded in the office af the recorder of Hall Caunty,
<br />5tate of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or cnmputer system reference) where this �eed of 1"rust is recarded, 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 />of Trust or their successors in interest. The 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 gavern tn the exclusion of all other provisions for substitution.
<br />N0710E5. Any notice required to be given under this Deed of Trust, including without limitation any no[ice of default and any notice of
<br />sale shall be given in writing, and shall 6e effective when actually delivered, when actually received by telefacsimila (unless otherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in [he United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near tha beginning of this D�ad of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority bver this Deed of Trust shell be sent io Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this beed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. Far
<br />notice purposes, Trustor agrees to kaep Lender informad at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all 7rus#ors. It will be
<br />Trustor'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 atter the execution
<br />of this Security Instrument and shall continue to occupy She Property as Borrower's principal residence for the term of the loan. �eilure to
<br />accupy the prpperty as the borrower's personal residence shall be an event of default.
<br />MISC�LLANEOUS PROVISIONS. The following miscellaneous provisions sre a part of this Deed of Trusi:
<br />Amendments. What is written in this Deed of Trust and in the Related bacuments is Trustor's en#ire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To 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 o6ligated by the change or amendment.
<br />Caption Meadings. Caption headings in this Deed 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 no merger of the interest or estate created by this Deed of 7rust with any other interest or estate in the
<br />Property at any tima held by or 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 applica6le to Lender and, to the extent not preempted by federal
<br />law, the laws of the 5tete of Nebraska without regard to its conflicts of law provisions. This Deed of 1'rust has been accepted 6y
<br />Lender in the State of Ne6raska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, 5tate of Nebraska.
<br />No Waiver by Lendar, Trustor underst�nds Lender will npt give up any of Lender's rights under this beed of Trust unless Lender does
<br />so in writing; The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, [hat does not mean Trustor will not have to comply with the o[her provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to 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 unders[ands that jus# because Lender consents [o
<br />one or more of Trustor's requssts, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any prpvisivn of this Deed of Trust is not valid or should not be enforced, that fect by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced, Therefore, a court will enforce the rest of the pravisions of this
<br />Deed of Trust even if a provision of this Deed of 7rust may be found to be invalid or ungnforce.able.
<br />Successors and Assigns. Subject to any limitations stated in this �eed of Trust on transfer of Trustor'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 [he Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's,suc'cessors with reference to this
<br />Deed of l"rust and [he Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Qeed of
<br />Trust or liability under the Indebtedness.
<br />Tima is of the Essance. Time is of the essence in the pertormance of this Deed of Trust.
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