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�01�OQ72� <br />DEED OF TRUST <br />Loan No: 0898354492 (Continued) Page 8 <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 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 granfing any easement or creatlng any restriction on the Real Property; and (c) jofn in any <br />subordinatlon 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 for Trustee under applicable law. In additlon 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 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 Gme to time appoint a sucxessor 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 Nabraska. 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 />trustee, and the instrument shall be executed and acknowledged by all the beneflciaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Properly, 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 govem to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitetion 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 othervvise required by law), when deposited with a nationally recognized ovemight courler, or, if <br />mailed, when deposited in the United States mail, as flrst class, certified or registered mail postage prepaid, directed to <br />the addresses shown near the beginning of this Deed of Trust. AII copies of notices of foreclosure from the holder of <br />any lien which has prlority 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. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided <br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be noUce <br />given to all Trustors. <br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or <br />more purchasers, whether related or unrelated to Lender, (b) Lender may provide to any purchaser, or potentfal <br />purchaser, any information or knowledge Lender may have about the parties or about any other matter relating to this <br />loan obligation, and tha parties weive any rights to privacy it may have with respect to such matters; (c) the purchaser <br />of a loan will be considered its absolute owner and will have all the rights granted under the loan documents or <br />agreements goveming the sale of the loan; and (d) the purchaser of a loan may enforce its interests iRespective of any <br />claims or defenses that the parties may have against Lender. <br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall <br />be effecUve as an original, but aIl of which taken together shall constitute a single document. An electronic <br />transmission or other facsimile of this document or any related document shall be deemed an original and shall be <br />admissible as evidence of the document and the signer's execution. <br />DEFINITION OF INDEBTEDNESS. The definfUon of "Indebtedness" herein includes, without Iimitation, all liabiliry of <br />Borrower or other party having its obligations to Lender secured by this Deed of Trust, whether Iiquidated or <br />unliquidated, defined, contingent, conditional or of any other nature whatsoever, and pertormance of all other <br />obligatlons, arising under any swap, derivative, foreign exchange or hedge transaction or amangement (or other similar <br />transaction or arrangement howsoever described or deflned) at any time entered into with Lender in connection with the <br />Note. <br />ENCUMBRANCES. Grantor/MortgagodTrustar shall not, without Lender's consent, mortgage, assign, grant a lien upon <br />or security interest in, or othervvise encumber the Property or any interest in the Property, or allow such a lien or <br />security interest to exist or arise, whether voluntarily, involuntarily or by operation of law, except for liens and security <br />interests in favor of Lender, or property taxes attributable to the Property which are not past due. <br />APPRAISALS, FEES AND EXPENSES. GrantoNTrustor agrees that Lender may obtain appraisals and reappraisals and <br />pertorm property evaluations and appraisal reviews of the Real Property when required by the regulatlons of the F�eral <br />Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency, or at such other tlmes <br />as Lender may reasonably require. Appraisals shall be pertormed by an independent third party appraiser selected by <br />Lender, property evaluatlons and appraisal reviews may be performed by third party appraisers or appraisers and staff <br />of Lender. The fees, expenses and other cost of such appraisals, reappraisals, property evaluations and appraisal <br />reviews shall be paid by GrantorlTrustor. In addition, GrantorlTrustor shall be responsible for payment of all fees and <br />