|
�o�io��9�
<br />DEED OF TRUST
<br />(Cantinued) Page 6
<br />under this Deed of Trust, under the Note, under any of the Related Documents, or under eny other agreement or
<br />any laws now or hQreafter in force; notwithstanding, some or aIt of such indebtedness and obligations secured by
<br />this Deed of Trust may rrow or hereaRer be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignmeni or atherwise. Neither the ecceptance of this Deed of Tnast nor its enforcement, whether by court
<br />action or pursuant ta the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustea's or Lender's right to realize upon or enforce any other secarity naw or hereafter hatd by
<br />7rustee ar Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this deed
<br />of 'Crust and any other sacurity now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in iheir absolute discretion determine. No remody cnnferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given in this Deed o# Trust or now or
<br />hereafter exlsting at law or tn equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Docum�nts io Trustee or Lender or ta which either of them may be oth�rwise entitled, may be exercised;
<br />concurrently o� independently, from time to time and as oRen as may be deemed expedieM by Trustee ar Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall bo construed as
<br />prohibiting Lertder from seeking a defieieney judgment against the Trustor to the extent such actian 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 action to perform an abligation of Trustor under this Deed of TrusL after Trustor's
<br />failure to porform, shall not aifect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behalf af 7rustor and londer, hereby requests that a copy af any Rlotice of Default
<br />and a aopy af 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; Expersses. 1t Lender institutes any suit or actian to enforce any af the terms of this beed of
<br />Trust, Lender shaq be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees et trial
<br />and upon any appeal. Whether or not any court actian is involved, and to the eMent not prohibhad by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />irrterest or the enforcement of its rights shall become a part af the Indebtedness payable on demand and sha0 bear
<br />inierest at the Note rate from the date of the expenditure un'dl repaid. Expenses aovated by this paragraph include,
<br />without limitation, hawever subject to sny limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, wheiher or not there is a Eawsuit, inciuding attomeys' fees and expenses fur bankruptoy proceedings
<br />iincluding efforts to modify or vacate any automatic stay or injunction), appeals, and any arniaipaYed post-judgment
<br />collection services, the cost of se2rching records, obtaining title reports tincluding foreclosure repor[s), surveyors'
<br />�eports, arxi appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliGable law.
<br />7rustor also will pay any court costs, in addition to alf other sums provided by Iaw.
<br />Rights of Trta^.tee. �Trusioe sha11 fiave all of the rights and duties of Lender as set farth in this section.
<br />POWEItS AND QBLIGATIOIdS QF TRUSTF,E. The followirtg provisions relating to the powers and obligations of Truste¢
<br />are part of this Deed of Trust:
<br />Powers of Trustee, In addiiion to alt powers of Trustee arising as a mattar of law, Trustee shall have the power to
<br />take the following actions with respect to the Praperty upon the wriften request of Lender and Trustor: {a) joln fn
<br />preparing and filing a map pr plat ot the Reaf Properry, including the dedicaiion of streets or oiher rights to the
<br />public; fb) join in g�anting any easemenY or creeting any resiriction on the Real Property; and 1c) join in any
<br />subordlnation or other agreoment affecting this Qeed of Trust or tho interest of Lender under this Deed of 7rust.
<br />Tnutee. 7rustee shalt meet all qualifications required 4or Trustee under applicable Isw. In addition to the rights
<br />and remedies set forth above, wfth respeci to aI! or any part of the Property, the Trustee shalt have the right to
<br />foreclose by notice and sale, and Lender shall have the right to forecfose by judiciaE foreclosure, in either case in
<br />accordance with and to the fult exteni provided by applicabte Iaw.
<br />Successar Tn�stee. Lender, at Lender's option, may from time co time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and aoknowledged by Lender and recorded in the
<br />ofifice of the recorder of Hall County, Siate of Nebraska. The instrument shall corrtain, in addition to aU other
<br />matters required by state law, the names of the original Lender, Trustee, and 7rustor, the book and page {o�
<br />compucer sysiem reference} where this beed of 7rust is recorded, and the name and address of the successor
<br />trustoe, and ihe instrument shall be executed and acknowlsdged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without eonveyance o4 #ha Praperty, shatl succeed to all the
<br />title, power, and dut[es conferred uxson the Trustee in this Qeed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govem 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 defauit
<br />and any notice of sale shall be given in writing, and shall be etfective when actually delivered, when actually received
<br />by telefacsimile {unless otherwise required by law}, when deposited with a nationally recognized ovem(ghi courier, or, if
<br />mailed, when deposited irt the United States mail, as first class, ceriified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed ofi Trust. All copies of notices of fareclosure from the holder of
<br />any Iien which has priority over this Deed of Trusi shatl be sent to Lender's address, as shown near the beginning of
<br />this Desd 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, specitying that the purpose of the notice ts to ohange the party's address. For notice
<br />purpases, 7rustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by Iaw, if there is more than or� Trustor, any notice given by Lender to any 7rustar is deemed ta be notice
<br />g;ven to ail Trustors.
<br />MISGELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of ihis Deed of Trust:
<br />Amendments. T'his Deed of 7rust, together with any Related Docume�ts, constitutes the entire understanding and
<br />agreement of the parCias as to �e matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Dsed af Trust shall be effective unless given in wrfting and signed by the party or parties sought to be charged ot
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purpases other than Trustor's residence, 7rustor shatt furnish to
<br />Lender, upon request, a certified statemerrC of net operating income received from the Property during Trustar's
<br />previous fiscat year in such form and detail as Lender shall require. "Net oxserating trtcome° shall mean aq cash
<br />receipts from the Rroperty Iess all cash expenditures made in oonnection with the operation of the Properry.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposos only and are not to b�
<br />used to interpret or define the provisions of this Deed af Trusi.
<br />Mergar. There shalf be no merger of the irrterest or estate created by this Deed of Trust with any other interest or
<br />estate in ihe Property at any time held by ar for the benefit of l.ender in any capacity, without the written consent
<br />af Lender.
<br />C�oveming Law. T'his Deed of Trust wn71 be govemed by federal Eaw applicab[e to l.�nder and, to the extent not
<br />preempted by federat law, the Gaws of the S#ate of Nebraska witltout regard to its corrflicts of law provisians. ThiS
<br />Deed of Trust has be�n accepted by Lender in the State of Nebraska.
<br />��
<br />�
<br />
|