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� <br />Loan No: 101254117 <br />DEED OF TRUST "� o�- 2 U i�,� � <br />(Continued) Page 7 <br />efter Trustor's feilure to do so, that decision by Lender will not affect Lender's right to declare Truator in default <br />and to exercise Lender's remedies. <br />Raquest for Notice. Trustor, on behelf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br />and a copy of any Notice of Sele under this Deed of Trust be meiled to them at the addresses set forth in the first <br />peragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce eny of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable es attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, and to the etttent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protectfon of its <br />interest or the enforcement of its rights shall become a pert of the Indebtedness payable on demand end shell bear <br />interest at the Note rete from the date of the expenditure untfl repaid. Expenses covered by this paragreph include, <br />without limitation, however subject to eny limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings <br />pncluding efforts to modify or vecate any automatic stey or injunction), appeals, end any anticipated postyudgment <br />collection services, the cost of searching records, obtefning title reports lincluding foreclosure reports), surveyors' <br />reports, end eppraisel fees, title insurence, and fees for the Trustee, to the extent permitted by appliceble law. <br />Trustor elso will pay any court costs, in addition to all other sums provided by law. <br />Righta of Trustee. Trustee shall have sll 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 end obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee erising 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 e mep or plat of the Reel Property, including the dedication of streets or other rights to the <br />public; (b) join in grenting any easement or creating any restriction on the Reel Property; and (c) join in 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 />and remedies set forth above, with respect to all or any part of the Property, the Trustee shali have the right to <br />foreclose by notice 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, et 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 ecknowledged by Lender and recorded in the <br />office of the recorder of HALL County, Stete of Nebraska. The instrument shall contain, in eddition to all other <br />matters required by state law, the names of the originel Lender, Trustee, end Trustor, the book end 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, shell succeed to atl the <br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by epplicable law. This procedure for <br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice requfred to be given under this Deed of Trust, including without limitetion any notice of defeult <br />and eny 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 />meiled, when deposited in the United States meil, es first class, certified or registered mail postage prepaid, directed to <br />the eddresses 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 eddress for notices under this Deed of Trust by giving formal <br />written 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 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 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 pert of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust end in the Releted Documents is Trustor's entire agreement <br />with Lender concerning the metters 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 Haadings. 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 />estate in the Property at eny time held by or for the benefit of Lender in eny capacity, without the written consent <br />of Lender. <br />Governing Law. This Deed of Trust will be governed by federal law appUcable to Lender and, to the exteM not <br />