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201107835
<br /> D�ED OF Tl�IDST
<br /> Loan No: 810256 (Con$1ltued) Page 6
<br /> assignment or otherwise. Neither ihe acceptance of this Deed of Trust nor its enforcement, whether by court
<br /> action or pursuant to the power of sale or other powers contained in this Deed of Trust;shall prejudice or in any
<br /> manner affect Trustee's or Lender's right to realize upon or en4orce any other secu�ity now or hereafter held by
<br /> Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall be entitled to enforce this Deed
<br /> of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br /> either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br /> Lender,is intended to be exclusive of any other remedy in ihis 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 of Trust or now or
<br /> hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br /> Documents to Trustee or Lender or to which either of them may be otherwise entitled, may 6e exercised,
<br /> concurrently or independently,from time to time and as often as may 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 agains't the Trustor to the extent such action is permitted 6y
<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 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,tiereby requests that a copy of any Notice of Default
<br /> antl 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 o#Trust.
<br /> Attorneys' Fees; F�cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitied to recover such sum as the court may adjudge reasonable as attorneys'fees 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 that 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 payable on demantl and shall bear
<br /> � interest at the Note rate from tFie date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without IimiYation,however subject to any limits under applicable law,Lender's attorneys'fees and Lender's legal
<br /> expenses,whether or not there is a lawsuit, induding attorneys' fees and expenses for bankruptcy proceedings
<br /> (induding efforts to modify or vaeate any automatic stay or injunctionl,appeals,and any anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports(induding foreclosure reportsl,surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee,to#he extent permitted by applicable law.
<br /> Trustor also will pay any court costs,in adtlition to all other sums provided by law.
<br /> Rights 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 relating to the powers and obligations of Trustee
<br /> are part ofi this Deed of Trust:
<br /> Powers of Trustee. fn 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 Properry upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plat ofi the Real Property, including the dedication of streets or other rights to the
<br /> pu6lic; (b)join in granting any easement or creating any restriction on the Real Property; and (d join.in any
<br /> subordination or other agreement affecting this Deed of Trust or the interesY 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 right to
<br /> foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foredosure, in either case in
<br /> accordance w�ith and Co the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's aption,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and adrnowledged 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 nam�es of the originai Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deetl of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and acl<nowledged by all the beneficiaries under tnis 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 dutie5 conferred upo�the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shali govem to the exc]usion of all oYher provisions for subs#itution.
<br /> NOTICES. Any notice required to be given under this�eed of Trust,including without limitation any noti�ce of default
<br /> and any notice of sale shall be given in writing,a�nd shall be effective when actually delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized ovemight 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 6eginning 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, speciiying that the pu�pose of the notice is to change the party's address. For notice
<br /> purposes,Trustor agrees to keep Lender informed at all times of Trustor's curreni address. Unless otherwise provided
<br /> or required by law,if there is more than one Trustor,any notice given 6y 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 entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br /> Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br /> Liound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of�et operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detaii as Lender shall require. "Net opereting income"shall mean all cash
<br /> receipts from the Property less all cash expenditures matle in connection with the operation ofi 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 Yhis Deed of Trusi.
<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 Lendet in any capacity,without the written consent
<br /> of Lentler.
<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 Netiraska.
<br /> Choice of Venue. If there is a lawsuit,Trusior agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joini and Several Liabitity. All obligations of Borrower and Trustor under this Deed of Trust sliall 6e joint and
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