|
, DE Co OlnUed) 2 d�- i 0'7 2 9 0 Page 6
<br />failure to perform, shall not affect Lender's right to declare a dafault and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thaC a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of TrusY be mailed to them at th� addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. if Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasbnable as attorneys° faes at trial
<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 thaY in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payabie on demand and shall bear
<br />interest at the Note rate from the data of the expenditure until repaid. Expenses cdvered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's aYtomeys' feas and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and experises for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, 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 extent permitted by appliceble law.
<br />Trustor aiso will pay any court costs, in addition to alI other sums provided by law..
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fprth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of this Dead 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
<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 plat of the Real Property, including the dedication bf streets or other rights Yo the
<br />public; (b) join in granting any easement oe creating any restriction on the Real Property; and (c) join in any
<br />subordination or other agreement effecting 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 the Property, the Trustee shall have the righY to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judioial foreclosure, in either case in
<br />accordance with and to tha 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 undar this Deed of Trust by an instrument executed and acknowledgad by Lender and recorded in the
<br />office of the recorder of Hall 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 nam8 and address of the successor
<br />trustee, and the instrument shali 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 end by applicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including 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, certified' or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. 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 party may change its address 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 ell 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 provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entir,e understanding and
<br />agreement of the parties. as to ihe matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective uniess given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes ather than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the aperation of the Property.
<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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lendar.
<br />Governing Law. This peed of Trust will be gaverned 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 �onflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of IVebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to �ubmit to the jurisdiction of the
<br />courts of Buffalo Counry, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the pere of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shall constitute a waiver of any of Lender's rights ot of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under 'this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent'to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in ths sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed '�of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending: provision cannot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unless otherwise required by I�w, the illegelity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall not affect tha legality,i validity or enforceability of any
<br />
|