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Loan No: 101252176 <br />DEED OF TRUST 2 0� 2 0 3 2�� <br />(Continued) <br />Page 8 <br />Request for Notice. Trustor, on behalf of Truator and Lender, hereby requeats that a copy of any Notice of Defeult <br />end a copy of any Notice of Sale under this Deed of Trust be mailed to them et the addresses set forth in the first <br />paregraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender inst(tutes any suit or ection to enforce any of the terms of this Deed of <br />Trust, Lender shell be entitled to recover such sum es the court may adjudge reasonable as attorneys' fees et trial <br />and upon any appeai. Whether or not any court action is involved, and to the extent not prohibited by lew, all <br />reasonable expenses Lender incurs thet 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 part of the Indebtedneas peyable on demend and shalt bear <br />interest et the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitation, however subject to eny limits undar applicable law, Lender's ettorneys' fees and Lender's legal <br />expenses, whether or not there is a lewsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacata any eutomatic stay or injunctionl, appeals, end any anticipated post-judgment <br />collection services, the cost of searching records, obta(ning title reports (including foreclosure reports►, surveyors' <br />reports, and appraisel fees, title insurance, end 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 es set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers end obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee er(sing as e metter 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 dedicetion of streets or other rights to the <br />public; (b) join (n granting any easement or creating eny 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 meat all qualifications required for Trustee under applicable law. In addition to the rights <br />and remedies set forth above, with respect to all or eny pert of the Property, the Trustee shall have the right to <br />foreclose by notice end sale, end Lender shall have the right to foreclose by judicial foreclosure, (n either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. 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 end recorded in the <br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in eddition 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 eddress 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 />title, power, and duties conferred upon the Trustee in this Deed of Trust and by appliceble law. Th(a procedure for <br />substitution of Trustee shell govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, includ(ng without limftation any notice of default <br />and any notice of sale shall be given in writing, and shall be effective when ectually 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 mail postege prepaid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copiea 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 party may change its address for notices under this Deed of Trust by giving formel written <br />notice to the other parties, specifying that the purpose of the notice is to change the party's eddress. For notice <br />purposes, Trustor agrees to keep Lender lnformed at all times of Trustor's current address. Unless otherovise 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 all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are e 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 perties sought to be charged or <br />bound by the elteration or amendment. <br />Annual Reports. If the Property is used for purposes other then Trustor's residence, Trustor shall furnish to <br />Lender, upon request, a certified statement of net operatfng income received from the Property during Trustor's <br />previous fiscal year in such form and deteil as Lender shall require. "Net opereting (ncome" shall mean all cash <br />receipts from the Property less all cash expenditures mede 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 eatete created by this Deed of Trust with eny other (nterest or <br />estate in the Property et eny time held by or for the benefit of Lender in any cepecity, without the written consent <br />of Lender. <br />