|
Deed
<br />sale
<br />first
<br />than
<br />� - ���0�.:104(�.�'�
<br />d
<br />t � ,,
<br />DEED OF TRUST� `
<br />(Continued) { ,
<br />Page 5
<br />nedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and pertormance of any
<br />sbtedness or obligations secured by this Deed of Trust and to exercise atl rights and powers under this Deed of Trust, under the
<br />e, under any of the Related Documents, or under any other agreement br 8�ny laws now or hereafter in force; notwithstanding,
<br />ie 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 tHie �cceptance of this Deed of Trust nor its enforcement,
<br />�ther by court action or pursuant to the power of sale or other powers �tbn$ained in this Deed of Trust, shall prejudice or in any
<br />�ner affect Trustee's or Lender's right to realize upon or enforce any oth€�Ir' s�curity now or hereafter held by Trustee or Lender, it
<br />�g agreed that Trustee and Lender, and each of them, shall be entitled to !lenforce this Deed of Trust and any other security now or
<br />safter held by Lender or Trustee in such order and manner as they or eith�r o� them may in their absolute discretion determine. No
<br />iedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />provided or permitted, but each shall be cumulative and shall be in additior� to every other remedy given in this Deed of Trust or
<br />v or hereafter existing at law or in equity or by statute. Every power or re;medy given by the Note or any of the Related Documents
<br />frustee or Lender or to which either of them mey be otherwise entitled, me,y be exercised, concurrently or independently, from time
<br />time and as often as may be deemed expedient by Trustee or Lender,; either of them may pursue inconsistent remedies.
<br />hing in this Deed of Trust shall be construed as prohibiting Lender from i�eeking a deficiency judgment against the Trustor to the
<br />�nt such action is permitted by law. Election by Lender to pursue any reY�ne�iy shall not exclude pursuit of any other remedy, and
<br />election to make expenditures or to take action to perform an obligation of Tfustor under this Dead of Trust, atter Trustor's failure
<br />�erform, shall not affect Lender's right to declare a default and exercise it� fre�nedies.
<br />�uest for Notice. Trustor, on behalf of Trustor and Lender, hereby requests tt�at a copy of any Notice of Default and a copy of any
<br />ice of Sale under this Deed of Trust be mailed to them at the addresses set fdrth in the first paragraph of this Deed of Trust.
<br />omeys' Fees; Expenses. If Lender institutes any suit or action to enforc� arjy of the terms of this Deed of Trust, Lender shall be
<br />itled to recover such sum as the court may adjudge reasonable as attorneps', $ees at trial and upon any appeal. Whether or not any
<br />irt action is involved, and to the extent not prohibited by law, all reason�ble expenses Lender incurs that in Lender's opinion are
<br />essary at any time for the protection of its interest or the enforcement of pts�rights shall become a part of the Indebtedness payable
<br />demand and shall bear interest at the Note rate from the date of the exps�ndiXure until repaid. Expenses covered by this paragraph
<br />ude, without limitation, however subject to any limits under applicable lavir, Lender's attorneys' fees and Lender's legal expenses,
<br />3ther or not there is a lawsuit, including attorneys' fees and expenses fot b''ankruptcy proceedings (including efforts to modify or
<br />ate any automatic stay or injunction), appeals, and any anticipated pbsf-judgment collection services, the cost of searching
<br />�rds, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />stee, to the extent permitted by applicable law. Trustor also will pay a�y court costs, in addition to all other sums provided by
<br />hts of Trustee. Trustee shall have all of the rights and duties of Lender as; sef, forth in this section.
<br />i AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Trust:
<br />vers of Trustee. In addition to all powers of Trustee arising as a matter of la•w, Trustee shall have the power to take the following
<br />lons 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 />Real Property, including the dedication of streets or other rights to the pubk�c; (b) join in granting any easement or creating any
<br />triction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />der under this Deed of Trust. "
<br />y i
<br />stee. Trustee shall meet aIl qualifications required for Trustee under ap �icable law. In addition to the rights and remedies set
<br />h above, with respect to all or any part of the Property, the Trustee shall �avp the right to foreclose by notice and sale, and Lender
<br />II have the right to foreclose by judicial foreclosure, in either case in accar,daance with and to the full extent provided by applicable
<br />i
<br />. ,;
<br />:cessor Trustee. Lender, at Lender's option, may from time to time appoiht',a successor Trustee to any Trustee appointed under
<br />Deed of Trust by an instrument ezecuted and acknowledged by Lender arld;recorded in the office of the recorder of Hall County,
<br />te of Nebraska. The instrument shall contain, in addition to all other n`1atCers required by state law, the names of the original
<br />der, Trustee, and Trustor, the book and page (or computer system referet�ce) where this Deed of Trust is recorded, and the name
<br />I address of the successor trustee, and the instrument shall be executed �nli ecknowledged by all the beneficiaries under this Deed
<br />frust or their successors in interest. The successor trustee, without conv�iyance of the Property, shall succeed to all the title,
<br />ver, and duties conferred upon the Trustee in this Deed of Trust and by appli'cable law. This procedure for substitution of Trustee
<br />II govern to the exclusion of all other provisions for substitution.
<br />5. Any notice required to be given under this Deed of Trust, including withbut limitation any notice of default and any notice of
<br />II be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />by law), when deposited with a nationally recognized overnight courier, or; if, mailed, when deposited in the United States mail, as
<br />�s, certified or registered mail postage prepaid, directed to the addresse� s'hown near the beginning of this Deed of Trust. All
<br />f noticas of foreclosure from the holder of any lien which has priority ovefi'th3s Deed of Trust shall be sent to Lender's address, as
<br />iear the beginning of this Deed of Trust. Any party may change its addreas;for notices under this Deed of Trust by giving formal
<br />iotice to the other parties, specifying that the purpose of the notice is to chaa�ge the party's address. For notice purposes, Trustor
<br />o keep Lender informed at all times of Trustor's current address. Unless, otherwise provided or required by law, if there is more
<br />� Trustor, any notice given by Lender to any Trustor is deemed to be notice' given to all Trustors.
<br />ANEOUS PROVISIONS. The following miscellaneous provisions are a part'"of:this Deed of Trust:
<br />endmerns. This Deed of Trust, together with any Related Documents, cons�itutes the entire understanding and agreement of the
<br />ties 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 />}n in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />wal Reports. If the Property is used for purposes other than TrustoPs residence, Trustor shall fumish to Lender, upon request, a
<br />[ified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />der shall require. "Net operating income" shall mean all cash receipt�' f[om the Property less all cash expenditures made in
<br />nection with the operation of the Property. ?
<br />ition Headings. Caption headings in this Deed of Trust are for convenience .purposes only and are not to be used to interpret or
<br />Ine the provisions of this Deed of Trust.
<br />rger. There shall be no merger of the interest or estate created by this D�ed of Trust with any other interest or estate in the
<br />perty at any time held by or for the benefit of Lender in any capacity, wtthoStt;the written consent of Lender.
<br />reming Law. This Deed of Trust will be govemed by federal law applicable ta� Lender and, to the e�ctent not preempted by federal
<br />, the laws of the State of Nebraska without regard to its conflicts of lati'v peovisions. This Deed of Trust has been accepted by
<br />der in the State of Nebraske.
<br />iice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request �'to submit to the jurisdiction of the courts of Buffalo
<br />inty, State of Nebraska.
<br />rt and Several Liability. All obligations of Trustor under this Deed of TrusC sHall be joint and several, and all references to Trustor
<br />II mean each and every Trustor. This means that each Trustor signing beldw Es responsibla for all obligations in this Deed of Trust.
<br />Waiver by Lender. Lender shall not be deemed to have waived any rights ur�der this Deed of Trust unless such waiver is given in
<br />ting and signed by Lender. No delay or omission on the part of Lender rn emcercising any right shall operate as a waiver of such
<br />�t or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />�t otherwise to demand strict compliance with that provision or any other Qrovision of this Deed of Trust. No prior waiver by
<br />der, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or af any of
<br />stor's obligations as to any future transactions. Whenever the consent of;Cender is required under this Deed of Trust, the granting
<br />;uch consent by Lender in any instance shall not constitute continuing con�ent to subsequent instances where such consent is
<br />�,
<br />,� I-
<br />t (.
<br />� '° ( / '�
<br />� "
<br />
|