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Loan No: 9 0 9 237089
<br />DEED OF TRUST � p 10 0 9� 9 J
<br />(Continued)
<br />Page 6
<br />Request for Notice. Trustor, on behalf of Trustor end Lender, here6y requests that a copy of any Notice of [7efault and a copy of any
<br />Notic� of 5ale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attarneys' Fees; Expenses. If Lender institutes any suit or action to enforce any af 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 />caurt action is involved, and to the ex[ent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinian 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 from the date of the expenditure until repaid. Expenses cvvered by this paragraph
<br />include, without limitation, however subject tn any limits under applicable law, Lender's attorneys' faes and Lender's legal expenses,
<br />whether or not there is s lawsuit, including ettorneys' fees and expenses for bankruptcy procaedings (including efforts to modify or
<br />vacate any autnmatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure repartsl, surveyors' repnrts, and appraisal fees, title insurance, and feas 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 forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. 7he following provisions relating to the powers and obligstions of 7rustee are part of this
<br />Deed of Trust:
<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 tollowing
<br />actions with respect �o 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 dedicatian of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Proparty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of 7rust.
<br />Trustee. Trustee shall meet all qualifications 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 />will have the right to foraclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />5uccessor 7rustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of 7rust by an instrument executed and acknowledged by Lender and recarded in the office ot the recorder of HALL County,
<br />State of 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 600k and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and ecknowledged by all the beneficiaries under #his beed
<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 7rustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisians for substitution.
<br />NOTICES. Any notice required to 6e 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 [elefacsimile (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 pos#age prepeid, directed to the addresses shown near the beginning af 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 tv the other person or persons, specifying that the purposa of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustnr's current address. Unless otherwise provided ar required
<br />6y law, it there is more than one Trustor, any notice given 6y Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the o[hers of the notice frvm Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisians ere a part of this Deed ot Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />cancerning the matters covered 6y this Deed of Trust. 7a be effective, any change or amendment to this Deed of Trust must 6e 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 nvt to 6e used to interpret or
<br />define the provisions of this Deed nf Trust.
<br />Merger. There shall be no merger of the interest or estate created 6y this Deed of Trust with any o2her interest ar 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 />Gnverning Law. This Deed of Trust will pe gvverned by federal law applicable to Lender and, to the extent nat preampted hy federal
<br />law, the laws of the State of Nehraska withnut regard to its contlicts of law provisions. This beed of 1'rust has heen anoepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, 7rustor agress upon Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, 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 avery Trustor. This means tha[ each Trustor signing pelow is responsible for all obligations in this Deed of Trust.
<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. 7he 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 daes nat mean Trustar will not heve to comply with the other provisions
<br />of this Deed ot Trust. Trustor also understands that if Lender does consant to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens egain. Trustor further understands that just because Lender cansents to
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