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��., ;: ��.t� . 20120395� <br />DEED OF TRUST <br />Loan No: 101252815 (Continued) Page 7 <br />after Trustor's failure to do so, that decision by Lender will not effect Lender's right to declare Trustor in default <br />and to exerclse Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of eny Notice of Defeult <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 first <br />peragraph of this Deed of Trust. <br />Attomeys' 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 as the court may adjudge reasonable 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 in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement ot its rights shall become a part of the Indebtedness payable on demand and shell bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include, <br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees end expenses for benkruptcy 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 searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, and appreisel 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 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 ections with respect to the Property upon the written request of Lender and Trustor: (e) join in <br />prepering and filing e 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 />subordinetion 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 lew. In addition to the rights <br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shell have the right to <br />foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either cese in <br />accordance with and to the full extent provided by appliceble Iaw. <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, Stete of Nebraska. The instrument shall contain, 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 end 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 applicable lew. 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 limitetion any notice of default <br />end any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received <br />by telefecsimile (unless otherwise required by law►, when deposited with e nationally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, es first cless; certified or registered meil postage 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 />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 mey change his or her address for notices under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying that the purpose ot the notice is to change the person's <br />eddress. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless <br />otherwise provided or required by law, if there is more then 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 />Amendmerrts. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement <br />with Lender concerning 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 chenge or <br />amendment. <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 />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or <br />estete in the Property at any 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 federal lew applicable to Lender and, to the extent not <br />