Laserfiche WebLink
DEED OF TRUST c � n <br />L�an No: 101237218 (Continued) rG 0 � V Q 9��, j Page 6 <br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedias. <br />Request for Notice. Trustor, on behalf of 7rustor and Lender, hereby requests that a copy of any Notice of Defeult and a copy of any <br />Notice of Sale under this Deed of Trust be mailsd to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attprneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the caurt mey adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, 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 tha protection of its interest or the enforcement of its righ#s shall hecome a part of the Indebtedness payable <br />on demand and shall 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 I.ender'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 injunetion►, appeals, and any anticipated post-judgment collectipn services, the cost of searching <br />records, obtaining title reparts (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 nf Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisipns relating to the powers and obligations of Trustee are part of this <br />Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustes arising as a matter of law, Trustee shall have the power to take the following <br />actions with respect to the Property upon the written request of 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 to the public; (b) join in granting any easement or creating any <br />restriction on the Real Property; and (c) join in any subordination or othar agreement affecting this Deed of 7rust or the interast of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all 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 af the Property, the Trustee shall have the right ta fpreclose 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 appoint a successor Trustee 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 af Nebraska. The instrument shall contain, in addition ta all other matters required by state law, the names of the original <br />Lender, Trustee, and Trustor, the book and page (or cpmputer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustes, 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 conveyence vf 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 substitutian pf Trustee <br />shall govern tn tMs axclusion of all other provisions for substitution. <br />N0710E5. Any notice required to be given under this Deed 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 talafacsimile (unless otherwise <br />required 6y law1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to 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 Deed 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. For <br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required <br />by law, if there is more than one Trustar, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be <br />7rustor's rssponsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIDNS. The following miscellaneous provisi9ns ar�a part of this �esd of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustar's entire agreement with Lender <br />concerning the matters covered by this Dead of Trust. To be effective, any change or amandment 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 amendment. <br />Caption Headings. 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 af this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created 6y this Deed of Trust with any other intarest or estate in the <br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent af Lender. <br />Governing Law. 7his Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preamptad hy federal <br />law, tha laws pf #he State of Ne6raska without regard to hs conflicts of law provisions. 7his Deed of Trust has heen accepted by <br />Lenderinthe State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit tq the jurisdiction of the courts of Hall County, <br />5tate of Nebraska. <br />Joint and Several Liability. All obligatipns of Borrower and Trustor under this Deed of Trust shall be joint and sevaral, and all <br />references to Trustor shall mean each and every Trustor, and all referances to Borrower shall mean each and every Borrower. 7his <br />means that each Trustor signing below is responsible for all obligatipns in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any nf 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 not mean that Lender has given up that right. If Lender <br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not hava to comply with the other provisions <br />