|
� 201108799
<br /> DEED OF TRUST
<br /> Loan No: 10000691 (Cont111ued) Page 6
<br /> assignment or otherwise. Neither the acceptance ofi 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 enforce any other security now or hereafter held by
<br /> � Trustee or Lender,it being agreed that Trustee and Lender,and each of them,shall 6e entitled to enforce this Deed
<br /> of Trust and any other security now oF 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 fhis 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 py 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 be 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 /> proliibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br /> law.
<br /> Election of Remedies. All of Lender's rights and remedies will be cumulaiive and may be exercised alone or
<br /> together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust,
<br /> after Trustor's failure to do so,that decision by Lender wiil not affect Lender's right to declare Trustor in default
<br /> and to exercise Lender's remedies.
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby requests that a copy of any Notice of Defauit
<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 /> paragraph of this Deed o#Trust.
<br /> Attomeys' Fees;Ezpenses. 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 sucli sum as the court may adjudge reasonable as attorneys'fees at trial
<br /> a�d upon any appeal. Whether or not any court action is invalved, 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 demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br /> without limitation,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, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunciioN;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 applicable law.
<br /> Trustor also will pay any court costs,in 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 for[h in this section.
<br /> POWERS AN�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,Trustee shali have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustoe (a)join in
<br /> preparing and filing a map or plat of the Real Proper[y, induding the dedication of streets or other rights to the
<br /> public; @)join in granting any easement or creating any restriction on the Real Proper[y; and (c) 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 qualifications required fo�Tmstee 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 /> foreclo5e by notice and sale, and Lender will have the right to foreclose by judiciai foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lende�,at Lend�er's option,may from time to ti.me appoint a successor Trustee to any Trustee �
<br /> appointed under this Deed of Trust by an instrument executed and acknowledgetl by Lender and recorded in the
<br /> office of the recortler of HALL County, State of Nebraska. The instrument shal�l contain, in addition m 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 /> trustee,and the instrument shall be executed and acknowledged by all the beneficia�ies under this Deed of Trust or
<br /> theit successors in interesL 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 and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution. .
<br /> NOTfCES. 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 actuaily received
<br /> by telefacsimile(unless otherwise required by law�,when deposited with a nationally recognized ovemight courier,o�,if
<br /> mailed,when depositetl in the United States mail,as first dass,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 person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to 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 fimes 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 the others of the notice fYom Lender.
<br /> MISCELLANEOUS PROVI$IONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> AmendmeMS. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender conceming the matters covered by this Deed of Trust To be effective,any change or amendment to
<br /> this Deed of Trust must 6e�in writing and must be signed by whoever wiil be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this�eed of Trust are for convenience purposes only and are not to be
<br /> used to i�terpret 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 Lender. � ,
<br /> Governing Law. This Deed of Trust will be governed tiy federal law applicable to Lender and,to the extent noL
<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 4he 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 County,State of Nebraska �
<br /> Joint and Several Liabifity. Ail obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and all references to Trustor shall mean.each and every Trustor,and all references to Borrower shail mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> � �
<br />
|