|
D�ED OF TRUST 2 O 1 O Q 9 s 9 2
<br />Loan No: 901237335 (Continued) Page 7
<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 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 />ta time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue incnnsistent remedies.
<br />Nothing in this beed of 7rust shsll be construed as prphibiting Lender from seeking a deficiency judgmant against the Trustbr to the
<br />extent such action is permitted by law. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to tske action to perform an obligation af Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies,
<br />Request for Notice. Trustar, on �ehalf of 7rustar and Lender, hereby requests that a copy of any Notice of Default and a copy af any
<br />Notice of Sale under this aeed 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 enfnrce 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 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 the prptectipn of its interest or the enforcement of its rights shall became a part af the Indebtedness payable
<br />on demand and shall bear interest at the Note rate fram 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 Lender's legal expenses,
<br />whether pr not there is a lawsuit, including attorneys' fees and expenses tor bankruptcy proceedings (including efforts ta modify or
<br />vacate any automatic stay or injunctionl, appeals, and any enticipated 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. Trustor also will pay any court costs, in eddition to all nther sums provided by
<br />law.
<br />Rights of Trus#ea. Trustee shall have all pf the rights and dutias of Lender as set forth in this sectipn.
<br />PpWERS AND OBLIGATIpNS OF TRUSTEE. The following provisions relating to the powers and obligations of 7rustee are part of this
<br />Deed of Trus#:
<br />Powers of Trustee. In addition to all powers of 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 writ[en 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 other agreement affecting this Deed of Trust or the interest af
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifieations 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 notice and sale, and Lender
<br />shall 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 of Nebraska. 7he 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 camputer systam reference) whera this Deed 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 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 substitutinn of Trustes
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any natice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when ectually 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 clsss, 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 peed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed ot Trust. Any perty may change its address for notices under this Dead of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is mare
<br />than one Trustor, any nbtice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVI510NS. 7he following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement nf the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures mede in
<br />cbnnection with the operatibn of the Property.
<br />Caption Headings. Caption headings in this beed of 7rust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions af this Deed af Trust.
<br />Marger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at eny time held by or fbr #he banefit pf Lendar in any capacity, without the written consent of l.ender.
<br />Governing Law. 7his Deed of 7rust wili be gaverned by federal law applicable to Lender and, to the extent not preempted py federal
<br />law, the laws of the 5tate of Nabraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />
|