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Loan No: 110'9353-3 <br />DEED OF TRUST <br />(continued) 2 012 0 2 9 7�J- Page 6 <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the flrst <br />paragraph of this Deed of Trust. <br />Attorneys' Feas; Expenses. If Lender institutes any suit or acUon to enforce any of the terms of this Deed of <br />Tnist, Lender shall be entiUed to recover such sum as the court may adjudge reasonable as attomeys' fees at trial <br />and upon any appeal. Whether or not any court a�tlon is involved, and to the extent not prohibited by law, all <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 fts 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 expendfture until repaid. Expenses covered by this paragraph include, <br />without limitation, however subject to any Iimits under applicable law, Lender's attomeys' fees and Lender's legal <br />expenses, whether or not there is a lawsutt, including attomeys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automaUc stay or injunction), appeals, and any anticipated post judgment <br />collection services, the cost of searching records, obtafning tiUe reports (including foreclosure reports), surveyors' <br />reports, and appralsal fees, tiUe 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 OBUGATIONS OF TRU3TEE. The following prov(sions relating to the power�s 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 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 dedicatfon of streets or other rights to the <br />public; (b) join in granting any easement or creating any restriction on the Real Praperty; and (c) jofn 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 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 noUce and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's opUon, may from tlme to Ume appoint a sucxessor 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 shall contaln, in addition to all other <br />matters required by state law, the names of the original Lender, Trustee, and 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 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 />tiUe, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govem to the exctusion of all other provisions for substitutlon. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitatlon 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 requ(red by law), when deposfted with a natlonally recognized ovemight courier, or, if <br />mailed, when deposited in the United States mait, as first class, certifled or registered mait postage prepafd, 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 address, as shown near the beginning of <br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal <br />wrftten notice to the other person or persons, specifying that the purpose of the notice is to change the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed at all Umes of TrustoPs current address. Unless <br />othervvise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement <br />with Lender concemfng the matters covered by this Deed of Trust To be effective, any change or amendment to <br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or <br />amendment. <br />Caption Headings, Caption headings in thfs Deed of Trust are for convenience purposes only and are not to be <br />used to interpret or deflne the provisions of this D�d 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 beneflt of Lender in any capacity, without the written consent <br />of Lender. <br />Govemfng Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Nebraska wtthout regard to Its conflfcts of law provislons. This <br />Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdfction of the <br />courts of Hall County, State of Nebraska. <br />Joint and Several Liabllity. All obligations of Trustor under this Deed of Trust shall be joint and several, and all <br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below (s <br />responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust <br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands <br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more <br />of Trustor's requests, that does not mean Lender will be required to consent to any of TrustoCs future requests. <br />Trustor waives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />fact by itself witt not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will <br />enforce the rest of the provisions of this Deed of Trust even if a provfsion of this Deed of Trust may be found to be <br />invalid or unenforceabie. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shatl be bindfng upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. <br />Time Is of the Essence. Time is of the essence in the pertormance of this Deed of Trust. <br />