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� DEED OF TRUST
<br />Loan No: 701251582 (Continued) 2 012 0 3 4 0� Page 8
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ect(on to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable 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, 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 its rights shall become a part of the Indebtedness payable on demend and shall bear
<br />interest at the Note rete from the date of the Axpenditure until repeid. F�cpenses covered by this peregraph inciude,
<br />without limitation, however subject to any limits under applicable lew, Lender's attorneys' fees and Lender's legel
<br />expenses, whether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of seerching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal 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 lew,
<br />Rights of Trustee. Trustee shall heve 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 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 end Trustor: (a) join in
<br />preparing and filing a map or plet of the Real Property, including the ded(cation 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 shalt meet all qualificetions required for Trustee under applicable law. In eddition to the righta
<br />and remedies set forth above, with respect to ell or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sele, and Lender shall 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 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 shall contain, in addition to all other
<br />metters 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 end address of the succesaor
<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 appOcable law. 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 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 required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, ea first class, certified or registered mail poatege prepaid, 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 />eny lien which has priority over this Deed af Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any party may chenge its address for notices under this Deed of Trust by giving forma� written
<br />notice to the other parties, specifying thet 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 lew, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notfce
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending and
<br />agreement of the perties 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 partiea sought to be cherged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property 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 Truator's
<br />previous fiscal year in such form end detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connect(on with the operation of the Property.
<br />CapUon 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 interest or estete created by this Deed of Trust with any other interest or
<br />estate in the Properry at any time held by or for the benefit of Lender in any capecity, without the written consent
<br />af Lender.
<br />Governing Law. This Deed of Trust will be governed by federal 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 provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraske.
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