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201107948
<br /> DEED OF TRUST
<br /> Loan No: 10000287 (Continued} Page 6
<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 /> p9ragraph of this Deed of Trust.
<br /> Attorneys' Fees; 6cpenses. 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 reasonable as attorneys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved., and to the e�ctent 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 bewme a part of the Indebtedness payable on demand and shall 6ear
<br /> interest at the Note rate from the date of the expenditure until repaid. 6cpenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicabte law,Lender's attorneys'fees and Lender's legai
<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 any anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title�eports (including foreclosure reports),surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee,to the eMent permitted by applicable I�aw.
<br /> Trustor also will pay any court costs,i.n addition 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 of this Deed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,TNstee shall have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. ia)join in
<br /> preparing and fiiting a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b) join in granting any easement or creating any restricti�on on the Real Property; and (c1 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 quslifications 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 Ttustee Shall have the right to
<br /> foreclose by notice and sale, and Lender will have ihe �ight to foreelose by judicial foreclosure, in either case in
<br /> accordance with and to the fuil extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lenders option,may from fime to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deetl of Trust by an instrument executed and acknowledged 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 name and address of the successor
<br /> Yrustee,and the instrument shall be executed and acknowiedged 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 alI the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and hy 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 Yo be given under this Deed of Trust,including without IimitaYion any notice of defauli
<br /> and any notice of sale shall be given in writing,and shall 6e effective when actually delivered>when actualiy received
<br /> by telefacsimile(unless otherwise required by lawl,when deposited with a nationally recognized ovemight courieF,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 /> a�y lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of
<br /> this Deed of Trust. Arty person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice #o the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times oP Trusior's current address. Unless
<br /> otherwise provided or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. h 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 Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matiers covered by this Deed of Trust To 6e effective;any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obGgated by the cfiange or
<br /> amendment.
<br /> Caption Headings. Caption headings in.this Deed of Trust are for convenience purposes only and are not to he
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shaii be no merger of the interest or estate created by ihis Deed of Trust with any other interest or
<br /> estaYe in the Property at any time held by or for the benefit of Lender in any capacity,witliout the written consent
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trust wi11 be governed by federal law applica6le to Lender and,to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska wRhout regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted 6y Lendet in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall Counry,State of Nebraska.
<br /> Joirrc and Several Liability. All obligations of Trusmr under this Deed of Trust shall be joint and several, and all
<br /> references to Trus'tor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obiigations in this Deed of Trust.
<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 Lender 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 oiher 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 Lender consents io 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 presentment,demand fior payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust wili not 6e valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this Deed 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 /> tYiis Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns.. If
<br /> ownership of the Property becomes vested in a person othet than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> - extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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