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, ,- ; <br />Loan No: 101252809 <br />DEED OF TRUST 2 0 i'� �0 3��� <br />(Continued) <br />Page 7 <br />and e 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 />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 et trlal <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 demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragreph include, <br />without limitetion, however subject to eny limits under epplicable lew, Lender's attorneys' fees end Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and eny anticipated postyudgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, and appreisal 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 />Rlghts 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 obligations of Trustee <br />ere part of this Deed of Trust: <br />Powers of Trust�e. In addition to all powers of Trustee arising 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 />prepering and filing a map or plat of the Real Properry, including the dedication of streets or other rights to the <br />public; (b) join in granting any easement or creating eny restriction on the Real Property; and (c) join (n eny <br />subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualificetions required for Trustee under applicable law. In addition to the rights <br />end 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 end sale, end Lender will have the right to foreclose by judicial foreclosure, in either cese in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, mey from time to time appoint e 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 Nebreska. The instrument shell contain, in addition to all other <br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and pege (or <br />computer system reference) where this Deed of Trust is recorded, and the neme end 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 succeasor 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 law. This procedure for <br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br />IVOTICES. Any notice required to be given under this Deed of Trust, including without limitation eny notice of default <br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when ectually 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 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 may change his or her eddress for notices under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying thet the purpose of the notice is to change the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed at ell times of Trustor's current address. Unless <br />otherwise 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 atl 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 ot Trust: <br />Amendments. Whet 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 change or <br />amendment. <br />Ception 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 eny other interest or <br />estate in the Property at any time held by or for the benefit of Lender in any capecity, without the written consent <br />of Lender. <br />Governing Law. This Deed of Trust will be governed by federal law appliceble to Lender end, to the extent not <br />preempted by federal law, the laws of the Stete of Nebraska without regard to its conflicts of law provisions. This <br />Deed of Trust has been eccepted 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 jurisdiction of the <br />