|
2��in����
<br />DEED OF TRUST
<br />Loan o:373051715 (COt1tIt1U@d)
<br />Page 5
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulness thareof. Any person, including without limitation Trustor, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may ba permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustes shall apply the proceeds of safe to payment of (i1 all sums expended under
<br />the terms of ihis Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late charges, (ii? all other sums #hen secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />medies Not Exclusive. Trustee and Lender, and each of them, shall be entitied to enforce payment and performance of any
<br />debtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed ot Trust, under the
<br />te, under any of the Related Documents, or under any otfier agreement or any laws now or hereafter in force; notwithstanding,
<br />me or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its entorcement,
<br />hether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />anner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />ing 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 />reafter held by Lender or Trustee in such order and manner as they or either of them may in their absofute discretion determine. No
<br />medy conferred upon or reservad to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />w provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />ow ar 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 />Trustee or Lender or to which either of them may ba otherwise entitled, may be exercised, concurrently or independently, from time
<br />time and as oftan as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />othing in this Deed of Trust shall be construed as prohibiting Lender trom seeking a deficiency judgment against the Trustor to the
<br />xtent such action is permitted by law.
<br />lection of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />ecides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />ecision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />equest 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 />otice of Sale under this Deed of Trust be maifed to them at the addresses set torth in the first paragraph of this Deed of Trust.
<br />ttorneys' Fees; Eacpenses. If Lender institutes any suit or action ta enforce any of the terms of this Deed of Trust, Lender shall be
<br />ntitled to recover such sum as the court may adjudge reasonabfe as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is invo(ved, and to the extent not prohibited by law, all reasonabfe expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or fihe entorcement 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, including attorneys' tees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automaiic stay or injunction), appeals, and any anticipated post-judgment collection services, tfie 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 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 />ERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />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; lb) join in grenting any easement or creating any
<br />restriction on the Real Properry; 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 />torth above, with respect to alt 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 foreclose by judiciaf 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 tima appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office ot the recorder of HALL County,
<br />State of Nebraska. The instrument shail contain, 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 reterence) where this Deed of Trust is recorded, and the name
<br />and addrass of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />ot 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 />T(CES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />e shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile funless otherwise
<br />_ r uired by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />t class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />pies 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 />own near the beginning of tF�is Deed of Trust. Any person may change his or her address for notices under this Deed ot Trust by giving
<br />mal written notice to the other person or persons, specifying that the purpose of the notice is to cF�ange the person's address. For
<br />tice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />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 />ustor's responsibility to tell the others of the notice from Lender.
<br />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 be 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 the change or amendment.
<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 />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of 7rust has been accepted by
<br />Lender 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 Nebraska.
<br />Joint and Several Liability, All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />
|