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201109369
<br /> DEED OF TRUST
<br /> Loan No: 10000733 (COntinued) Page 6
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lender shall be entitled ta recover such sum as the court may adjudge reasona6le as attomeys'fees at trial
<br /> and upon any appeal. Whether or not any court action is involved, and to the extent not proYiibited 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 Inde6tedness payable on demand and shall bear
<br /> intetest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph inciude,
<br /> without limitation,however subject to any limits under applicable 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 artticipated postjudgment
<br /> collection services,the cost of searching records,obtaini�g title reports(including 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 addition to all other sums provided 6y 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 provisio�s relating 2o ihe powers and obligations of Trustee
<br /> are part of this�eed of Trust:
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a maSter of law,Trustee shall have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. lal join i:n
<br /> preparing and filing 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 restriction on the Real PPOperty; and Icl join in any
<br /> subordination or other agreement affecting this Deed of T�ust 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 the rights
<br /> and remedies set forth above, with respect to all or any part of the Proper[y,the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to foredose 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 HALL County, State of Ne6rzska. The instrument shall contain, in addiYion 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 /> trustee,and the instrument shall be executed and acknowledged 6y all the 6eneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Properh/,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 /> NOTICES. Any notice required to be given untler 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 actually received
<br /> by telefacsimile(unless otherwise required by law1,when deposited with a nationally recognized oveYnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed Yo
<br /> the addresses shown near the 6eginning of this Deed of Trust. Ail copies of notices of foreclosure from the holder of
<br /> any lien which fias priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning.of
<br /> ihis 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 times of Trustor's current address. Unless
<br /> otherwise provided or required 6y law, if there is more than one Trustor,any notice give�by Lender to any Trustor is
<br /> deemed to be notice given to all T�ustors. It will be Trustor's responsibility to tell Yhe others o'F the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part o'F 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 matters covered by this Deed of Trust. To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will he bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Captian 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 TrusY.
<br /> Merger. Thete shall be no merger of the interest or estate created tiy this Deed of Trust with any other interest or
<br /> esiate ih the Property at any time held by or for the benefit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Goveming Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not �
<br /> preempted by federal Iaw,tha laws of the State of Nebraska without regatd to its conflicts of Iaw pro�isions. This
<br /> Deed of Trust has been accepted 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 /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor unde�rstands 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 other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent m 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 to one or more
<br /> of Trustor's requests,that does not mean Lender will be required to consent to any of TrustoYs future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> SeverabiGty. If a court fiinds that any provision of this Deed of Trust is not valid or should not be enforced,Yhat
<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-frust may be found to be
<br /> invalid or unenfotceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be 6inding upon and inure to tRe tienefit 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 Trustor,may
<br /> deal with Trustor's successors with reference to this D2ed of Trust and the Inde6tedness 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.
<br /> Waive Jury. All parties to this Deed of Trust here6y waive the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
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