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201108475
<br /> DEED OF Tl;IJST
<br /> Loan No: 10000320 (C011$iniled) Page 6
<br /> Request for Notice. 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 ihis Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph ofthis Deed of Trusi. '
<br /> Aftomeys' Fees; Expenses. If Lender institutes any suii o.r action to enforce any of ihe terms of this Deed of
<br /> Trust,Lender shall be entitled to recover such sum as ihe court may adjudge reasonable as attorneys'fees at trial
<br /> and upon any appeal. L'Vhether or not any court action is involved, and to the eMeM not prohibiYed by law, all
<br /> reasonable expEnses Lender incurs that in Lender's opinion are ne�cessaiy at any#im�e for the protection of its
<br /> interest or the enforcemen2 of its rights shall become a part of the Indebtedness payable on tlemand and shall 6ear
<br /> interest at the Note rate from the date of the expenditure until repaid. 6cpenses covered by this paragraph include,
<br /> �viChout limitaiion,however subjecf to any limifs under applicable law, Lender's attomeys'fees and Lender's legal
<br /> expenses, wliether or not there�s a lawsuit, including attomeys' fees and expenses For bani<ruptcy proceedings
<br /> (including efforts to modify or vacate any auCOmatic stay or injunction�,appeals,and any anticipated posrijudgment
<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 applicable law.
<br /> Trustor also will pay any court costs,'in addition to all other sums provided by law.
<br /> Rights of Trustee. Trustee shali have aIl 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 la�re,Trustee shall have the power to
<br /> tal<e the following actions with respect to the Property upon the written request of Le�nder and Trustor. (a)jo�in in
<br /> preparing and filing a map or plat of the Real Property, including the detlication of streets or othsr rights to the
<br /> public; (b1 join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement aF(ecting this Oeed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all quafifications required for Trustee under applicable faw. 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 Uiill have the right to foreclose by judicialforeclosure, in either case in �
<br /> accordance with and to the full extent provided by applicable law. �
<br /> Successor Trustee. Lender,at Lender's nption,may from time to time appoint a successor Trustee to any Trustee
<br /> aopointed under this Deed of Trust by an instrument executed and aci<nowledged by Lender and recorded in the
<br /> office of the recorder of HALL Courrry, State of Nebraska: The instrument shall contain, in addiiion to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the boot< and page tor
<br /> computer system reference) where ttiis Deed of Trust is recorded, and the name and addres�s of the successor
<br /> trustee,and the instrument shall 6e executed and acicnowledged 6y all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,�nrithout conveyance of the Property,shall succeed to all the
<br /> Pitle,poNrer,and duties con�Ferred upon the Trustee in Chis Deed of Trust and 6y applica6le law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for substiwtion.
<br /> � flEOTICES. Any notice required to be given under this Deed oi Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in wriiing,and shal!be effective when actualty delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law1,when deposited with a nationaliy recognized overnight courier,or,iF
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,direcLed to
<br /> the addresses shown near the�beginning of this Deed oF Trust. AII copies of n¢tices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Tr�st shall be sent io Lender's address,as shown near the 6eginning of
<br /> this Deed oi Trust. Any person may change his or her address for notices under this Deetl of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is m change the person's
<br /> - address. For notice purposes,Trustor agrees to I<eep Lender informed at all times of Trustor'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. It will be Trustor's responsibility to tell tfie others of the notice from Lcnder.
<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 2he matters covered by this.Deed of Trust. To be effective,any change or amendment to
<br /> this Deed of Trust musi be in ti�riting and must be signed by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are fot 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 benefi2 of Lender in any capacity,wiihout the written consent �
<br /> of Lender. �
<br /> Governing Law. This Deed of Trust wiil be goveened by federal law applicable to Lender and,to the extent not
<br /> preempted by federai law,the laws of the State of Nebraslca without regard to its conflicYs of law provisions. This
<br /> Deed of Trus2 has been accepted by Lender in the State of Nebraslca.
<br /> Choice of Uenue. If there is a lauvsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebrasl<a.. �
<br /> Joint and Several Liability. All obligations of Trustor untler this Deed of Trust shall be joint and several, and ail
<br /> references to Trustor shall mean each and every Trustor. This�means that each Trustor signing below is
<br /> . resporTSiblc for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not g�ive up any of Lende�'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 tfie other provisions of this Deed oi Trust. Trustor also understands
<br /> that if Lender tlaes conseM to a request,that does not mean that Trustor wil!not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender co�sents to 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 for payment,protest,and notice of dishonor.
<br /> Severability. Ifi 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 will not be 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 6e
<br /> , invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitaiions sTated in this Deed of Trust on transfer of Trustor's inYerest,
<br /> this Deed ot Trust shall be bindinc�upon and inure to the benefit of the parties,their successors and assigns. Ifi
<br /> ownership of the Property becomes vested in a person other than TruStor,Lender,without notice to Trustor, may
<br /> tleal with Trustor's successors with reference co this Deed of Trust and the Indebtedness by way ofi forbearance or �
<br /> extension without releasing TrusYOr from the obligations of this Deed of Trust or liability under the Indebtedness.
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