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201108848
<br /> DEED OF TRUST
<br /> Loan No: 810253 (COnt[nUed) Page 6
<br /> teasonable 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 shail bear
<br /> interest at the Note rate from the date of the eacpenditure untii repaid. Expenses covered by this parag�aph include,
<br /> without limitation,however subject to any.limits under applicabie law,Lender's attorneys'fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, indudfng attorneys'fees and expenses for bankruptcy proceedings
<br /> lincluding 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 reports I�ncl�uding.foreclosure reportsl,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 additio�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 fiollowing provisions relating to the powers and obligations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers ofi Trustee. in adtlition to all powers of Trustee arising as a matter of law,Trustee shall have the power m
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plat o4 the Real Property, including the dedicatio� of streets or otheY rights to the
<br /> public; (b)join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> - subordination or other agreement affecting Yhis Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to ihe 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 foreclosure, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of Hail 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 /> trusiee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Ttust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to aIi 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 ail other provisioris for substitution.
<br /> NOTICES. Any notice requiretl to be given under this Deed of Trust,including without limitation a�y notice of default
<br /> and any notice of sale shall be given in writing,and 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 Uniced 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. Ail 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 party may change its address for notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that the purpose of the notice is to change the party's address. Por notice
<br /> purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless oiherwise provided
<br /> or required by law,if there is more than one Trusmr, any notice give�by Lender to any TNStor is deemed to be notice
<br /> given to all Trustors..
<br /> � MISCELLANEOUS PROVISIONS. The foilowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understandiri.g and
<br /> agreemerrt 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 effecfive unless given in writing and signed by the party or parties sought to be charged or
<br /> bound 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 net operating income received from the Property during Ttustor's
<br /> previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br /> receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br /> Caption Headings. Caption headi�gs in this Deed ofi Trust are for convenienee purposes only and are not to be
<br /> used to interpret or define the provisio�ns 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 aY any time beld 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 govemed 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 acceptetl by Lender 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 County,State of Nebraska.
<br /> No Waiver by Lender_ Lender shall�ot be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Le�nder, No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otlierwise to demand�strict compliance with that
<br /> provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> 6etween Lender and Trustor,shaq constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as m any future transactions. Whenever the consent of Lender is�equired under this Deed of Trust,the granting
<br /> of such consent 6y Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent iS required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competerrt jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalitl, or
<br /> unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforcea6ility of any provision of this Deed of Trust shall not affect ttie legality,validity or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on eransfer of Trustor's interest,
<br /> this 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 other than Trustor,Lender,without notice to Srustor,may
<br /> deal with Trustor`s successors with reference m this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor ftom 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�eed of Trust.
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