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<br />DEED OF TRUST
<br />Loan No: 107251021 (Continued)
<br />20120225�
<br />Page 8
<br />law. Election by Lender to pursue eny remedy shell not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed ot Trust, efter Trustor's
<br />failure to perform, shall not affect Lender's right to declare a defeult and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />end a copy of any Notice of Sale under this Deed of Trust be meiled to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at trial
<br />and upon eny appeal. Whether or not eny court action 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 rights shell become a 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 paragraph include,
<br />without limitation, however subject to any Iimits under applicable lew, Lender's attorneys' fees end Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees end expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunctionl, eppeals, and any enticipated post-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 eppUceble law.
<br />Trustor also will pay any court costs, in addltion to all other sums provided by lew.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIC3ATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of th(s Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee erising as a matter of law, Trustee shell 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 creeting any restriction on the Real Property; end (c) join in eny
<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 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 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 epplicable law.
<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 acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraske. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, end 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 ell the beneficieries 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, and 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 all other provisions for substitutlon.
<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 (unless otherwise required by lawi, when deposited with a nationally recognized overnight courier, or, if
<br />meiled, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed 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 sddress, es 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 addresa. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current eddress. Unless otherwise provided
<br />or required by law, if there fs 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 ere a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending and
<br />agreement af the perties es to the metters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or perties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor sheli furnish to
<br />Lender, upon request, a certif(ed statement of net operating income received ftom the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net opereting income" shell mean all cash
<br />receipts from the Property less ell 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 are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
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