|
20110699�
<br />DEED O�' TRUST
<br />Loan No: 101244577 (Contlnued)
<br />Page 7
<br />Documents to Trustee or Lender or to which either of them may be otherwisa entitled, may be exercised,
<br />concurrently or indapendently, from time to time and as often as mey be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment egainst the Trustor to the extent such action is permitted by
<br />law.
<br />Election of Remedies. All of Lender`s rights and remedies will be cumulative and may be exercised alone or
<br />together. If Lender decides to spend money or to perform eny of Trustor's obligations under this Deed of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor fn default
<br />and to exercise Lender's remedies.
<br />Request for Notica. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If L,ender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shail be entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at triai
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand end shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitetion, however subject to any timits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and eny anticipated post-judgment
<br />coffection services, the cost of searching records, obtaining title reports (including toreclosure reports), 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 ell ather sums provided by law.
<br />Rights of Trustee. Trustee shall have ali of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions re(ating to the powers and obligations of Trustee
<br />ere part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of 7rustee erising as e matter of law, Trustee shall have the power to
<br />take the foliowing actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing e map or plat of ths Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any easement or creating eny restriction on the Real Property; and (c) join in eny
<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 qualificetions required for 7rustee under appliceble law. In addition to the riahts
<br />end remedies set forth above, with respect to ell or any psrt of the Property, the Trustee shall heve 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 />eccordance 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 ot Trust by an instrument executed end acknowladged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebreska, 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 snd page lor
<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 appliceble law. This procedure for
<br />substitution of 7rustee shall govern to the exciusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, inciuding without limitation any notice of default
<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, certifiad or registered mail postaga prepaid, directad to
<br />the addresses shown near the beginning of this Deed of TrusY. All copies of notices of foreclosure from the 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 person may change his or her address for notices under this Deed of Trust by giving formal
<br />written notice to the other person or persons, specifying that the purpose of the notice fs to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lander informed at all times of Trustor's current eddress. Unless
<br />otherwise provided or requ(red by law, if there is more than one Trustor, any notice g+ven 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 />MISCELLANEOUS 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 Relatad Documents is Trustor's entire agreement
<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 whoevar wlll be bound or obligated by the change or
<br />amendment.
<br />
|