|
t �
<br />1 �
<br />..� , .,� � ;�w �
<br />. �� . .,
<br />i �
<br />I i i
<br />. l�
<br />DEED OF TRUST'� �
<br />(Continued) E; ;
<br />201103'720
<br />Page 5
<br />manner a.ffect Trustee's or Lender's right to realize upon or enforce any other� securiry now or hereafter hetd by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or eithAr of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be eXcl�sive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addi��on? to every other remedy given in this Deed af Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or retiie�ly given by the Note or any of the Helated Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, m�y I�e exercised, concurrently or independently, ftom time
<br />to time and as often as may be deemed expedient by Trustee or Lender,d�nd either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from �eB.king a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. �!! '�
<br />Election of Remedies. All of Lender's rights and remedies will be cumula�i've;and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under thisf Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and exercise Lender's remedies.
<br />Request for Notice. Trustor, on behaff of Trustor and Lender, hereby reques�s t�iat a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses se�.forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Eupenses. If Lender institutes any suit or action to enforc� 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 attome��' fees at�rial and upon any, appeal. Whether or not any
<br />court action is involved, and to the exYent not prohibited by Iaw, aII reasona�ble expens�s Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of gts �ights 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 la�v, �ender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys` fees and expenses fqr bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post�judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' rep�rts, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay a court costs, in addition to all other sums provided by
<br />law. 'j' i
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as�'sef forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating ta tMe 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 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 or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other egreement affecting 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 under ap,plicable 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 hav� the right to foreclose by notice and sale, and Lender
<br />will 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 appoj�t; a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and rscorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to aII other rnatt�rs required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referen�e� where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed arid :�cknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without cohueyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trus# and by appli�able law. This procedure for substitution of Trustee
<br />sha�l govern tq�the exclusi�n o� al� otRer �it4'vi"sion's for �ubstifutidri. " " ' , �p' `." "' ` """
<br />NOTICES. Any notice required to be given under this Deed of Trust, including witFibut limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, w:�en actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationally recognized ovemight courier, ur; i� mailed, when depositsd in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the address�s shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure ftom the holde[ 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 h�er address for notices under this Deed of Trust by g(ving
<br />formal written notice to the other person or persons, specifying that the purpose o� the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of TrustoPs�. cutrent address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any TrustQ� i�s deemed to be notice given to all Trustors. Jt will be
<br />TrustoPs responsibility to tell the others of the notice from Lender. ;;� ;
<br />OCCUPANCY. Borrower shall occu �
<br />py, establish, and use the Property as Borrowe�'s �rincipal residence within 80 days after the execution
<br />of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for the term of the loan. Failure to
<br />occupy the property as the borrower's personal residence shall be an event of default�
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part; qf 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 be effective, any� ch�nge or amendment to this Deed of Trust must be 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 convenierjce �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; peed 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, withbut #he written consent of Lender.
<br />Goveming Law. This Deed of Trust will be governed by federal law applicab�d to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebreska without regard to its conflicts of lawr provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice o4 o/enue. If there is, a lawsuit, Trustor agrees upon Cender's request to submit tfl the jurisdiction of the courts of Buffalo
<br />Countq, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of TrusL shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing belpw is responsible tor all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lerv�Ier,,'s rights under this Deed 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 Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean TPU�tor 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 />have to get Lender's consent again if the situation happens again. Trustor fyrCher understands that just because Lender consents to
<br />one or more of 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 />Severability. If a court finds that any provision of this Deed of Trust is not v�lidyor should not be enforced, that fact by itseff will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore; a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be iny�atid�or unenforceable.
<br />Successors and Assigns. Subject fo any limitations stated in this Deed of TR¢�sY on transfer of Trustor's interest, this Deed of Trus
<br />�
<br />
|