|
DEED OF TRUST
<br />Loan No: 7012432A�2 `� (Continuedl �, p 110 5 5� 8 Page 8
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take ection to perform en obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and lender, hereby requests that a copy of any Notice of Defautt
<br />end a copy of any Notice of Sale under this Deed of Trust be mailed to them at the eddresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender instltutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitfed to recover such sum as ihe court may adjudge reasonable as attorneys' fees at trial
<br />and upon eny appeal. Whether or not eny court action is involved, end to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights sfiall become a part of the Indebtedness peyable on demand and shalt bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under appticable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunctionl, eppeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the e�ttent permitted by applic�ble law.
<br />Trustor also will pay any court costs, in eddition to all other sums provided by law.
<br />Rlghts 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 releting to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. ln addition to all powers of Trustee arising as a matter of lew, Trustee shall have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing end filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under epplicable Iaw. In eddition to the rights
<br />end remedies set forth above, with respect to all or any part of the Property, the Trustee shalt have the right to
<br />foreclose by notice and sale, and Lender shall heve the right to foreclose by judicial forectosure, in either case in
<br />accordance with and to the full extent provided by epplicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of WALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br />trustee, end the instrument shall be executed and acknowledged by all the beneficieries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any not+ce required to be given undsr this Deed of Trust, including without limitation any ►totice ofi defiault
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or reglstered mail poatage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure trom the holder of
<br />any lien which has priority over this Deed of Trust shell be sent to Lender's eddress, es shown near the beginning of
<br />this Deed of 7rust. Any party may change its eddress for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at aII times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisfons are a part of this Deed of Trust:
<br />Amendments. Thts Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or emendment to this
<br />Deed of Trust shall be effective unless given in writing end signed by the party or parties sought to be charged or
<br />bound by the alteration or atnendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, e certified ststement of net operating income received from the Property during Trustor's
<br />previous fiscal year In such form end detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connectton with the operation of the Property.
<br />CapHon Headings. Caption heedings in this Deed of Trust are for convenience purposes only and are not to be
<br />
|