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Loan No: 701250328
<br />DEED OF TRUST
<br />(Continued)
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<br />Page 8
<br />Attorneya' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shail be entitled to recover such sum as the court may adjudge reasonabie as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, al)
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a pert of the Indehtedness payeble on demand and shell 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 eny limits under applicable law, Lender's attorneys' fees end Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stey or injunctionl, appeals, end any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsi, 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 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 metter of law, Trustee shall heve the power to
<br />take the following actions with respect ta the Property upon the written request of Lender and Trustor: la) 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 any 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 Trustea under applicable lew. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall heve the right to
<br />foreclose by notice and sale, and Lender shall have the righ4 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, 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 shail contain, in eddition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book end 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 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 />titte, power, end duties conferred upon the Trustee in this Deed of Trust end by applicable lew. 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 any notice of defeult
<br />and any notice of sale shall be given in writing, and shell be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), 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 meil postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of toreclosure from the holder of
<br />any lien which has prfority 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 perties, specifying that the purpose of the notice is to change the party's eddress. Far notfce
<br />purposes, Trustor agrees to keep Lender informed at ell timea of Trustor's current address. Unlesa otherwise provided
<br />or required by law, if there is more than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following misceilaneous provisions are a part of this Deed of Tru�t:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters 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 parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annuel Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furrtish to
<br />Lender, upon request, a certified stetement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and deteil as Lender shell require. "Net operating income" shall mean all cash
<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 end are 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 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 cepacity, without the written consent
<br />of Lender.
<br />Governtng Law. This Deed of Trust will be governed by federel law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provislons. Thfs
<br />Deed of Trust has been accepted by Lender tn the State of Nebraska.
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