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� � ; F� ,,� , ; 201009583
<br />� ` DEED OF TRUST
<br />(Continued) Page 5
<br />law prpvided or permitted, but each shal) be cumulative and shall pe in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or 6y statute. Evary power or remedy given by ths Note or any of the Related pocuments
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by 7rustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor ta the
<br />extent such action is permitt�d by law.
<br />Electlon of Remedies. All of Lender's rights and remedies wiil be cumulative and may be exercised alone or together. If L.ender
<br />decides ta spend money or ta perFprm any pf Trustor's pbligations under this qeed of Trust, after Trustar's failure to do so, that
<br />decision by Lender will not affect Lender's right to daclare 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 pefault and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this �eed af Trust.
<br />Attorneys' 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 court may adjudge reasonable as attorn�ys' fees at trial and upon any appeal. Whether or not any
<br />court actipn 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 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 frorn the d8t� pf the expenditure until repaid. Expenses covered by this paragraph
<br />include, without Ifmitation, however subject to any limits under applicable law, Lender's attorneys' fees and l.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 injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. 7rustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights pf Trustee. Trustee shall have all of the rights and duties of Lender as set fvrth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provfsions relating to the pnwers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In additipn to all powers pf Trustee 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 ar creating any
<br />restrictipn on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of 7rust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualiTications required for 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 nvtice and sale, and Lender
<br />will have the right ta foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. I.ender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the offica of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by stete law, the names of the original
<br />Lender, Trustee, and Trustor, the qopk and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address ot the successor trustee, and the instrument shall be executed and acknowledged by all the beneflciaries under this Deed
<br />of Trust or their succassors in interest. The successor trustee, without conveyance nf the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed af Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusinn of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of 7rust, 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, 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 ta l.ender's address, as
<br />shown near the beginning of this Deed of 7rust. Any person may change his or her address for notices under this Daed af 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 purpases, 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 Trustor, any nptice given by Lender ta any Trustor is deemed to be notice given to all Trustors. It will be
<br />7rustor's responsibility to tell the others of the notice from Lender.
<br />MISCELI.ANEOUS PRpVISION3. The following miscellaneous prvvisions are a part of this Deed of Trust:
<br />Amandments, What is wriften in this Deed of Trust and in the Related Documents is Trustor's entire agresment with Lander
<br />concerning the matters covered by this Desd of Trust. Tp be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must 6e signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of 7rust are for convenience purppses 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 th� 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. This Deed of Trust wlll be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the 5tate pf Nebraska without regard to its conflicts of law provisions. This Dead of Trust has been aecepted by
<br />Lenderin the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is r�sponsible for all obligations in thi5 DBed of 7rust.
<br />No Walver by l.ender. 7rus4pr understands Lender wi'It nqt give up any pf Lender's rights under this Dead 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 Lendar
<br />does agree in writing tv give up one of Lender's rights, that does not mean Trustor will not have to comply with the other 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 />hava to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />pne qr more qf Trustor's requests, 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 />Severabillty. If a court finds that any provision pf this Deed pf 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 npt be valid or enforced. Therefore, a cpurt wiil enforce the rest of the provisions of this
<br />Deed of Trust even if a provision pf this paed of Trust may be fpund to be invalid or unenfprcea6le.
<br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer qf Trustor's interest, this Deed of Trust
<br />shall ba 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 Trustar's successors with reference to this
<br />pead af 7rust and the Indebtedness by way of fprbearance pr extension without releasing Trustor from the obligations of this Deed of
<br />Trust or Iiability under the Indebtedness.
<br />Time la of the Essence. Time is of the essence in the pertormance pf this Dqed of Trust.
<br />Waiver pf Womestead �xemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
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