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Loan No: 11085
<br />DE�D OF TRUST 2 p 1� p 2� 2� Page 5
<br />(Gontinued)
<br />hereafter held by Lender or Trustee in auch order and menner as they or either of them may in their absolute cliscretion detarmine. No
<br />r�m�dY confgrred upp� or r�served to Trusta� or Lend�r, i� intended �o be exclusiva ofi ar�y other remedy in this Deed of Trust or by
<br />law pr�vided ar permitted, but eaeh shall be oumul�tive gnci ehell ba in additien tp every other remedy glvon in thi� �eed af Trust or
<br />now or hereafter exiating et law or in equity or by statute. Every power or remedy giv�n by the Note or any of tMe Related Documents
<br />to Trustee or Lender pr to which either of them m�y be atherwiae �ntitled, may be exercised, aoncurrently or Independentiy, from time
<br />to tim� and as o#ten es may be deemed expedi�nt by Trustee or Leflder, �nd either vf the� may pur�ue inconsistent remedies,
<br />Nothing in thia Qeed of Trust shall b� construed �� proMibitiAg Land�r from se�king a deficiency judgm�nt ageinst the Trustor to the
<br />extent such ection is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligetions under this Deed of Trust, atter 1`rustor's f�ilure ta do so, that
<br />decislon by Lender wii! r�ot affect Lender's right to declare Trustar in def�ult �nd to exereis� Lender'� r�medles,
<br />Request for Notice. Trustor, on behalf of Trustor and lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Desd of Trust be maiisd 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 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 reasonabie expenses Lender incurs that in Lender's opinion ere
<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 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 or not there is a lawsuit, inciudin� attorneys' fees and expense� for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment coll�ction services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportx), surveyors' reports, and appraisal fees, titie insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also wili 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 OBLIGATIQNS OF TRUSTEE. The following provisions relating ta the powers and obligations of Trustee are part of this
<br />Deed of Trust;
<br />Powers of Trustee. In addition to all powers of Trus#ee arising as e matter of law, Trustee shall have the power to take the following
<br />�ctione with rssp�ct te the Praperty upon th� written r�que�t of lender and Trustor. (�! jQin in pr�parin� and filin� e map pr plat of
<br />Ehe R�al Prop�rty, including the dedieation af stre�ts or eYher righta to tMa public; (b► Join in gF�ntin� any eaeement o� oreating ar�y
<br />restriction on the Real Property; and (c! join in any aubordination or ather agreement effaeting thi� Deed o# Trust or the intereat of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet ail qualifications required for Trustee under applicable law. In addition to the riahts and remedies set
<br />forth eb4ve, with r��pect to all or eny part of the Rroperty, the Truatee shall have the right to foreclase by notiae �nd sale, end Lender
<br />will heve the right to foreolosa by judiclei foreeloaure, (n eith�r ode� in acpordance with end tQ the full extent provided by applicebl�
<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 Deed ofi Trust by an instrument executed and ackno�rvledged by Lender and reaord�d in the offie� ofi th� reoorder of Hall Gounty,
<br />State of Nabreska. The instrument shall contaln, In additiAn ta all other matt�re requir�d by state lew, the names of the originai
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Daed of Trust is reeorded, and the name
<br />and addreas of the successor trustee, and the instrument shall be exeeuted and acknowledged by all the benefieiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shell succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicabie law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of ell 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 notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actuaily received by telefacsimi{e (unless otherwise
<br />required by law►, when deposited with a nationally recognized overniaht courier, or, if mailed, when deposited in the United States maU, as
<br />first class, certified or registered mail postage prepaid, directed to the eddresses shown near the beginning of this Deed af Trust. Ail
<br />copies pf notices of foreciosure frpm the holder of any lien which has priority over this Deed of Trust shall b� sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her addre�s for notices under this Deed of Trust by giving
<br />formai 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 agre�s 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 notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Ler+der.
<br />ASSOCIATION OF UNIT OWNERS. The foilowing provisions apply if the Real Property has been submitted to unit ownership law or simila�
<br />law for the establishment of condominiums or coop�rative own�rahip of ths Real Property;
<br />Power of Attorney. Trustor grants an irrevocabie power of sttorney to Lender ta vote in Lender's discretiQn on any matter that may
<br />come before the association of unit owner&, LendeF wiU havq tMQ right to exeecise this pnwer 4fi attornqy only after 1'rus4or's defeult;
<br />however, Lender mey d�cline to �xereise thia power ae Lender seas fit.
<br />Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf, and the proceeds of
<br />such insurance m�y be paid to the association of unit own�r� for the purpnse of repairing or recanstructing th� ProperYy. if not sA
<br />used by tk�e aseooiation, such prooeeds ah�U be paid ta Lend�r.
<br />Default. Trustor's failure to perform any ot the obiigations imposed on Trustor by the declaration submitting tMe Real Property to unit
<br />ownersMip, by the 4ylawa of the association of uni# ownera, or by �ny rui�s ar r�gula4ions theraunder, aMali he �n �vent of default
<br />unde�r thi� �s�d o# 1°ruat. If 'Truetor"s intereat in the lieal Preperty is e leasehald intereet and auch property hAS baen pubmltted 4o unit
<br />pwnership, any failure by Trustor to pe�form any af the obligetio�� impased on Trustor by th� lease of the Real Property from its
<br />owner, any default under such leas� which migh# result in terminetfon of the lease ea it pertains to the Real Property, or any failur� of
<br />Trustor as a member of an esaociation of unit owners to take any reasonable action within Trustor's pnwer to prevent a default under
<br />�uch lease by the association of unit owners or by any member of the association shall be an Event af Default under this �eed of
<br />Trust.
<br />OCCUPANCY. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution
<br />of this Security Instrument (or completition of constructian in ht� case af construction laans) and shall continue to occupy the Property as
<br />Borrower's principel residence fpr the term of the loan. Failure to occupy the property es the borrower'e personal rasidence �hall be en
<br />event of default.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To b� 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 obligated by th� chenge or arriendment.
<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 of this Deed of Trust.
<br />Merger. 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 �ny time held ay or for the b�nsfi# ofi L,ender in any capaci�y, without the written consent of Lender.
<br />Govorning Law. This Deed of Truat will be governed by federal law appUcable to Lender and, to the extent not preempted by federai
<br />law, the laws ofi the State of Nebraska witl�out regard to ita conflicts of law provisions, This Deed of Tru�t hes bv�� accap#ed by
<br />Lender in the 9SSts of Nsbraska.
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