|
�,, �„ t,�, F DEED OF TRUST 2 0110 3 6 9 2
<br />Loan No: 10124109�- ��. p�', (Continued) Page 7
<br />Notice of Sale under this Deed of Trust be mailed to them et the addresses set forth in the first paragreph 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 shatl be
<br />entitled to recover such sum as the court may adjudge reasonable as ettorneys' fees at trial and upon any eppeal. Whether or not eny
<br />court ection is involved, and to the extent not prohibited,by lew, 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 peyeble
<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 eny limits under epplicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any eutomatic stay or injunctionl, appeals, and any anticipated poat judgment collection services, the cost of searching
<br />records, obtaining tltle reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurence, and fees for the
<br />Trustee, to the entent permitted by applicable law. Trustor also will pey any court costs, in addition to all other sums provided by
<br />taw.
<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. The following provisions 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 Trustee arising es e matter of law, Trustee shall heve 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 fiflng 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 fn any subordination or other agreement effecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee undar appliceble 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 heve tha right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provi.ded 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 Deed of Trust by en instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraske. The instrument shall contafn, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book 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 acknowledged by all the beneficieries 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 substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />IVOTICES. 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 telefacsimile (unless otherwise
<br />required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first cless, certified or registered mail postage prepaid, directed to the addressea shown near the beginning of this Deed of Trust. AII
<br />copies of notices of foreclosure from the holder of any lien which has priority ove� this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party mey change its address for notices under this Deed of Trust by giv(ng formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's eddress. For notice purposes, Trustor
<br />agrees to keep Lender informed at ell times of Trustor's current address. Unless othervvise provided or requ(red by law, if there is more
<br />than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The 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 end agreement of 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 wrlting end signed by the party or parties sought to 6e charged qr bound by the alteration or amendmenL ,,
<br />Annual Raports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified stetement of net operating income received from the Property during Trustor's previous fiscal year in such form end detail as
<br />Lender shall require. "Net operating (ncome" shall mean all cash receipts from the Property less all cash expenditures made In
<br />connection with the operation of the Property.
<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 any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Govarning Law. This Deed of Trust will be governed by federal law applicable to Lende► and, to the e�ttent not preempted by federel
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provlsions. This beed of Trust has been accepted by
<br />Lendar in 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 Nabraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and severel, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. Thia
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is
<br />a corporetion, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of
<br />the officers, directors, partners, members, or other egents acting or purporting to act on the entity's behalf, end any obligatians mede
<br />
|