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201109439
<br /> DEED OF TRUST
<br /> Loan No: 773051727 (Contlnued} Page 6
<br /> Request for Notice. Trustor,on behalf of Trustor and Lender,hereby tequests that a copy of any Nofice of Default
<br /> and a copy of any Noti.ce of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust. �
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br /> Trust,Lertder shall be entiUed 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 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 /> inferest 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 sabject 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 expense5 for bankiuptcy proceedings
<br /> � (including efforts to modify or vacate any automatic stay or injunction);appeals,and any antici�pated 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 shail 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,Trustee shall have the power to
<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 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 Property; and (c)join in any
<br /> subortlinatian or other agreement affecting this Deed of Trust or the interest ofi Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applica6le 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 /> foreclose py 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. 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 Nebraska. The instrument shail 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 /> compute�system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> vustee,and the instrument shall be executed and acknowledged by all the be�eficiaries 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 duUes conferred upon the Trustee in this Deed.of Trust and by applicable law. This procedure for
<br /> subsiituti�on of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. 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 actually received
<br /> by telefacsimile Iunless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class>certified or registered mail postage prepaid,directed to
<br /> the adtlresses 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 purpo5e of the notice is to 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 Trusior,any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trusmrs. It will be Trustor's responsibility Yo tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of tliis Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agteement
<br /> wiih Lender concerning the matters covered by this Qeed 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 be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for 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 benefit of Lender in any capacity,without the writCen consent
<br /> of Lender.
<br /> Goaeming Law. This Deed of Trust wi�ll be governed by federal Iaw applicable to Lender and,Yo the eutent not
<br /> preempted by federal law,the laws of the State of Nebraslca wifhout regard to its conflicts of law provisions. 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 ot Hail County,State of Nebraska.
<br /> Joint and Several Liability. �All obGgations of Trustor under this Deed of Trust shali 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 otiligations in this Deed of Trust.
<br /> No Waiver tiy Lender. Trustor understands Lender will not give up any of Lender's ri�ghts 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. hf 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 /> thaY if Lender does consent to a request,that does not mean Yhat 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 Trustor's future requests.
<br /> Trustor waives presentment,demand for 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 enforcetl,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 resi�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 unenforceahle.
<br /> Successors a�d Assigns. Subject to any limitations stated in this Deed of Trust on transfer ofi 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 Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Intlebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability u:nder ihe Indebtedness.
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