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Loan No: 101249434
<br />DEED OF TRUST 2 p 12 0110 4
<br />(Continued) Page s
<br />prohibiting Lender from seeking a deficiency judgment egainst the Trustor to the extent auch action is permitted by
<br />law. Election by Lender to pursue eny remedy ahall not exclude pursuit of eny other remedy, end an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, efter Trustor's
<br />failure to perform, shall not effect Lender's right to declare a defeult end exercise its remedies.
<br />Request for Notice. Trustor, on behelf of Trustor end Lender, hereby requests that e copy of any Not(ce of Default
<br />end 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 of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any auit or ection to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonabte as attorneys' feea et iriel
<br />and upon any appeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its
<br />interest or the enforcement of its righta shall become a part of the Indebtedness payeble on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repeid. Expensea covered by this paragraph (nclude,
<br />without limitation, however subject to any limits under appliceble law, Lender's attorneys' fees end Lender's legal
<br />expenses, whether or not there is a lawsu(t, including attorneys' fees and expensea for benkruptcy proceedings
<br />(including efforts to modify or vacete eny automatic stay or injunction), eppeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports ((ncluding foreclosure reports), surveyors'
<br />reports, and eppreisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble taw.
<br />Trustor also will pay eny court costs, in eddition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights end duties of Lender es set forth in this section.
<br />POWERS AND OBLI(iAT10NS OF TRUSTEE. The following provisions relating to the powers end obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arlsing as a matter of law, Trustee shall heve the power to
<br />teke the following actions w(th respect to the Property upon the written requeat of Lender and Trustor: (a) join in
<br />preparing and filing a map or plet of the Real Property. (ncluding the dedication of streets or other rights to the
<br />public; (b) join in grenting any easement or creating any restriction on the Reel Property; and (c) join in any
<br />subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet ell qualifications required for Trustee under eppliceble law. In addition to the righta
<br />and remedies set forth above, with reapect to all or eny part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sele, and Lender shell have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with end to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Truatee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed end acknowledged by Lender and recorded in the
<br />office of tha recorder of HALL County, State of Nebreska. The instrument shell contain, (n eddition to all other
<br />matters required by state law, the names of the orig(nal Lender, Trustee, and Trustor, the book and pege (or
<br />computer system reference) where this Deed of Trust is recorded, and the neme end address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by ell the benef(cieries under this Deed of Trust or
<br />their successors in interest. The successor truatee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust end 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 under this Deed of Trust, including without limitetion eny notice of defeult
<br />and any notice of sale shall be given in writing, and shall be effective when ectually delivered, when ectually received
<br />by telefacsimile (unless otherwise required by law1, when deposited with e nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United Stetes mail, as first class, certified or registered mail poatage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copiea of notices of foreclosure from the holder of
<br />any lien which has prior(ty over this Deed of Truat shall be sent to Lender's addresa, es shown near the beginning of
<br />this Deed of Trust. Any parry may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying thet the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed et 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 notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The followtng miscellaneous provisions are e part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with eny Related Documents, constitutes the entire understanding and
<br />agreement of the penies as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shell be effective unleas given (n writing and signed by the parry or parties sought to be cherged or
<br />bound by the elteration or amendment.
<br />Annual Reports. If the Properry is used for purposea other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a cert(fied statement of net operating income recetved from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net opereting income" ahell mean all cash
<br />receipts trom the Properry less all cash expenditures made in connection with the operatfon of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only end are not to be
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