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DEED OF TRUST �� 12 0 2 i 61 <br />Loan No: 101250661 (Continued) Page 8 <br />(including efforts to modify or vacate any eutomatic stay or injunction), appeals, end eny anticipated poat-judgment <br />collection services, the cost of searching records, obtaining 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 ell 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 end obligations of Trustee <br />ere part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee erising 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 eny restriction on the Real Property; end (c) join in any <br />subordination 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 eddition to the righta <br />and remedies set forth above, with respect to ell or any pert of the Property, the Trustee shall heve 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 />eccordance with and to the full extent provided by appliceble lew. <br />Successor Trustee. Lender, et 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 ecknowledged by Lender end recorded 1n the <br />office of the recorder of HALL County, State of Nebraska. The instrument shall cantain, in addition to all other <br />matters required by state law, the names of the orlginal Lender, Trustee, and Trustor, the book and pege (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 beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Properry, shall succeed to all the <br />title, power, end 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 atl other provlsions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of defeult <br />and any notice of sale shall be given in writing, and shell be effective when actually delivered, when ectually received <br />by telefacsimile funless otherwise required by lawl, 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 prepeid, dfrected to <br />the addresses 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 party mey chenge 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 chenge the party's address. For notice <br />purposes, Trustor agrees to keep Lender informed at ell times of Trustor's current eddress. 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 following miscellaneous provisions are e pert of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the ent(re understending and <br />agreement of the parties es to the matters set forth in this Deed of Trust. No alteration of or amendment to this <br />Deed of Trust shell be effective unless given in writing and signed by the party or parties sought to be charged or <br />bound by the elteretion or amendment. <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 operating income received from the Property during Trustor's <br />previous fiscal year in such form and detail es Lender shatl require. "Net operating income" shell mean all cesh <br />receipts from the Property less all cash expenditures made in connection with the operation of the Property. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and ere 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 ar estate created by this Deed of Trust with any other interest or <br />estate in the Properry 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 law applicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Nebraske without 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 e lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the <br />courts of Hall County, State of Nebreska. <br />Joint end Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and <br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean <br />each and every Borrower. This means thet each Trustor signing below is responsible for all obligations in this Deed <br />of Trust. Where eny one or more of the parties is e corporation, partnership, limited liebility compeny or slmiler <br />entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, <br />