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DEED OF TRUST 2 p 12 p 2���
<br />Loan No: 101251513 (Continued) Page 8
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. if Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum es the court may adjudge reasoneble as attorneys' fees at trial
<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 fn Lender's opinion are necessery et eny time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at 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 ettorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for benkruptcy proc�edings
<br />(including efforts to modify or vacate any autometic stay or injunctionl, appeals, and eny anticipated 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 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 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 shall have the power to
<br />take the following ections 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 any restriction on the Real Property; and (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 epplicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or eny 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 judiciel foreclosure, in either case in
<br />accordance with and to the full extent provided by epplicable law.
<br />Successor Trustee. Lender, at Lender's option, may from t(me to time appoint e successor Trustee to any Trustee
<br />appointed under this Deed of Trust by en instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nabreske. The instrument shall contain, in addition to all other
<br />matters required by stete 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, end the name and address of the successor
<br />trustee, and the instrument shall be executed and ecknowledged 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 ell 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 ell other provislons for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Iimitation any notice of default
<br />and any notice of sale shall be given in writing, and shell be effective when actually deUvered, 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 cless, certified or registered mail postage prepaid, directed to
<br />the eddresses 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 beg(nning 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 address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless 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 miscellaneous provisions ere a part of this Deed of Trust:
<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 thia
<br />Deed of Trust shall be effective unless given in writing and signed by the perty or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Properry 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 deteil as Lender shall require. "Net operating income" shall mean all cesh
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Capdon 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 shall be no merger of the (nterest or estate created by thls Deed of Trust with any other interest or
<br />estate in the Property et eny 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 federel law epplicable to Lender and, to the extent not
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