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DEED OF TRUST 2 01 � 0 2 7 7 �
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<br />(including efforts to modify or vacate eny automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports►, surveyors'
<br />reports, and appraisal fees, t(tle insurance, and fees for the Trustee, to the exterrt permitted by applicable lew.
<br />Trusto� also will pay eny court costs, in addition to all other sums provided by law.
<br />Rlghts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIQATIONS OF TRUSTEE. The following provisions relating to tha powers and obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising 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 HIIng a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in grenting any easement or creating any restriction on the Real Property; and (c) join in any
<br />subordinaUon or othar agreement affecting this Deed of Trust or the interesi of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appiicable taw. 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 />accordence with and to the full extent provided by applicable law.
<br />Successor Truatee. Lender, at 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 Nebraska. The instrument shell contain, in addition to ell other
<br />matters required by state law, the nemes 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 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 ali the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust end by appUcable law. This procedure for
<br />substitution ot Trustee ahail 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 Ifmitation any notice of defauk
<br />and any notice of sale shell be given in writing, and shall be effective when actuaily delivered, when actuaily received
<br />by telefacsimile (unless otherwise required by law?, when deposited with a nationally recognizad overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered meil postage prepeid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. Ail copies of notices of foreclosure ftom 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 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 addreas. For notice
<br />purposes, Trustor agrees to keep Lender informed et all times of Trustor`s curreni address. Unless othenwise 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 ali Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amandmerrts. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the metters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective uniess given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reporta. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statament of net operating income received from the Property durfng Trustor's
<br />previous fiscal year in such form and detail as Lender shell require. °Net operating income° shall mean alt cesh
<br />receipts from the Property less all cesh 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 />RAerger. There shall be no merger of the fnterest or estate created by this Daed of Trust with any other interest or
<br />estate in the Property et any time heid by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. VVfth respect to procedural matters related to the perfection end enforcemerrt of Lender's rights
<br />against the Property, this Deed of Trust wili be governed by federal law applicable to Lender and to the extent not
<br />preempted by federai law, the laws of the State of Nebraska. In all other respects, this Deed of Trust will be
<br />govemed by federal law applicable to Lender and, to the exteM not preempted by federal law, the laws of the
<br />State of Colorado writhout regard to its conflicts of law provtsions. However, if thsre ever is a question about
<br />wrf�ether any provision of this Deed of Trust is valid or er�forceable, the provision that ts questioned wtll be
<br />goverreed by whichever state or federal law would flnd the prov(slon to be valid and enforceable. The loan
<br />transaction that � evidenced by the Note and this Deed of Trust has been applied for, considered, approved and
<br />made, and all necessary loan documents have been accepted by Lender in the State of Colorado.
<br />Choice of Venue. If there is a lewsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
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