|
- � ' DEED OF TRUST
<br />(Continued) � o,� � o s$ 5� Page 6
<br />expenses, whether or not there is a lawsuit, including attorneys' feas and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunctioni, appeals, and any anticipated post-judgment
<br />collection services, the cost ot searching records, obtaining tiile reports (including foraclosure reportsl, surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of tF�e rigf�ts and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. TF�e fo((owing provisions ralating to the powers and obligations ot Trustee
<br />are part of this Deed ot Trust: --
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, 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 and filing a map or pfat of the Real Property, including the dedication of streets or other rights to the
<br />public; 1b) 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 applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of tha Property, tha Trustee shall have the right to
<br />foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable 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 exacuted and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in sddition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and paga (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries 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 procadure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />N0710ES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default
<br />and any notica of sale shall be given in writing, and sha(f be effective when actually delivered, when actually received
<br />by telefacsimile �unless otherwise required by law), whan deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copias of notices of foreclosure from Yhe holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any parson may change his or her address for notices under this Dead of Trust by giving farmal
<br />written notice to the other person or persons, specifying that the purpose ot the notice is to change the person's
<br />address. For notice purposes, Trustor agrees to kaep Lender informed at all times of Trustor's current address. Unless
<br />otherwise providad or required by law, if thera is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br />OCCUPANCY. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
<br />aftar the execution of this Securiry Instrument and shall continua to occupy the Prqperty as Borrower's principal
<br />residence for the term of the loan. Failure to occupy the property as the borrower's personal residence shall be an
<br />event of default.
<br />MISCELLANEOUS PROVISIONS. 7he 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 agreament
<br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will 6e bound or obligated by the change or
<br />amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shail be no marger of the interest or estate created by this Daed of Trust with any other interest or
<br />estate in the Property at any time hefd 6y or for the benefit of Lander in any capacity, without the written consent
<br />ot Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. (f there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiciion of the
<br />courts of Buffalo County, State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender does so in writing. The fact that Lendar delays or omits to exercise any right will not mean that
<br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lander consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br />Trustor waives presentmant, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or shouid not be enforced, that
<br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therafore, a court will
<br />enforce the rest of the provisions of this Daed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed ot Trust shall be binding upon and inura to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust artd the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations ot this Deed of Trust or liability under the Indebtedness.
<br />Time ls of the Essence. Time is of the assence in the performance of this Deed ot Trust.
<br />Waiver af Homestead Exemption. Trustor haraby releases and waivas all rights and benefits of the homestead
<br />examption laws of the State of Nebraska as to all Indebtednass sacured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary, The word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br />, �
<br />Borrower. The word "Borrower" means Douglas W Jones and incfudes af( co-signers and co-makers signing the
<br />Note and att their successors and assigns.
<br />
|