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DEED OF TRUST <br />Loan No: 101249944 (Continued) <br />paragraph of this Deed of Trust. <br />�� 12�� 13 � <br />Page 8 <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shell be entitled to recover such sum as the court may adjudge reasonable as ettorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohib(ted by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at eny time for the protection of its <br />interest or the enforcement of its rights shall become e part of the Indebtedness payable on demand and shall bear <br />interest et the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include, <br />without limitation, however subject to eny Iimits under appliceble law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including ettorneys' feea end expenses for bankruptcy proceedings <br />(including efforts to modify or vecate eny eutomatic stey or injunction), appeals, end eny enticipeted post-judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), aurveyors' <br />reports, end appraisal fees, title insurance, end fees for the Trustee, to the extent permitted by applicable lew. <br />Trustor also will pay any 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 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 erising as a matter of law, Trustee shatl heve 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 Praperry, including the dedication of streets or other rights to the <br />public; (b) join in granting eny easement or creating any restriction on the Real Property; and (c) join in any <br />subordination or other egreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualiflcations required for Trustee under applicable law. In addltion to the righta <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, end 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 lew. <br />Successor Trustee. Lender, et Lender's option, may from time to time appoint e successor Trustee to any Trustee <br />eppointed under this Deed of Trust by an instrument executed and acknowledged by Lender end recorded in the <br />office of the recorder of HALL County, State of Nebraske. The instrument shall contein, in addition to ell other <br />matters required by stete taw, the names of the original Lender, Trustee, and Trustor, the book end page (or <br />computer aystem reference) where this Deed of Trust is recorded, and the name and address of the aucceasor <br />trustee, and the instrument shalt be executed and acknowledged by all the beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, 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 appliceble 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 limitation eny notice of defeult <br />and any notice of sele shall be given in writing, end shall be effective when ectually deflvered, when actually received <br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if <br />meiled, when deposited in the United States mail, as Nrst class, certified or registered meil postage prepaid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copies ot 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, es shown near the beginning of <br />this Deed of Trust. Any party may change its eddress 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 et all times of Trustor's current address. Unless otherwise provided <br />or required by law, if there is more then one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br />given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Releted Documents, constitutes the entire underatending and <br />agreement of the parties as to the matters set forth in thia Deed of Trust. No alteration of or amendment to thia <br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or <br />bound by the alteration or emendment. <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 opereting income received from the Property during Trustor's <br />previous fiscel year in such form end detail as Lender shall require. "Net operating income" shall mean all cash <br />recelpts from the Property less all cash expenditures made in connection with the operetion of the Property. <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 shatl 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 written consent <br />of Lender. <br />Governing Law. This Deed of Trust will be governed by federal lew applicable to Lender and, to the extent not <br />