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Loan No: 101255986
<br />' k ,r
<br />DEED OF TRUST � Q�- 2 O`� s�. �
<br />(Continued) Page 7
<br />after Trustor's failure to do so, that decision by Lender will nbt effect Lender's right to declare Trustor in defeult
<br />and to exercise Lender's remedies.
<br />Request for Nottce. Trustor, on behelf of Trustor end Lender, hereby requests that e copy of any Notice of Defeult
<br />end a copy of any Notice of Sele under this Deed of Trust be mailed to them et the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attomeys' Feas; Expenses. If Lender institutes eny suit or ection 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, end 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 e part of the Indebtedness payeble on demand and shall bear
<br />interest at the Note rete from the date of the expenditure until repaid. Expenses covered by this paragraph 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, inciuding attorneys' fees and expenses for benkruptcy proceedings
<br />(including efforts to modify or vecate any autometic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports Uncluding foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by epplicable lew.
<br />Trustor also will pey any court costa, in eddition to all other sums provided by law.
<br />Rights of Trustee. Trustee shell heve 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 and obtigations of Trustee
<br />are pert of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee erising es a metter of law, Trustee shell have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing and filing a map or plet of the Real Property, including the dedicetion of streets or other rights to the
<br />public; (b) join in granting eny 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 meet all qualiflcations required for Trustee under epplicable law. In eddition to the rights
<br />and remedies set forth above, with respect to all or eny part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sele, and Lender will heve the right to foreclose by judicial foreclosure, in efther case in
<br />eccordance with and to the full e�ctent 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 end acknowledged by Lender end recorded in the
<br />office of the recorder of HALL County, State of Nebreske. The instrument shall contain, tn addition to all other
<br />matters requi�ed 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, end the instrument shall be executed and ecknowledged by ell 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 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 eny notice of sale shall be given in writing, and shall be effective when actually deflvered, when actually received
<br />by telefecsimile (unless otherwise required by law►, when deposited with a netionelly recognized overnight courier, or, if
<br />mailed, when deposited in the United Stetes 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 copfes of notices of foreclosure from the holder of
<br />any lien which hes 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 chenge his or her eddress for notices under this Deed of Trust by giving formel
<br />written notice to the other person or persons, apecifying that the purpose of the notice is to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed et atl 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 responsfbility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous provislons are a part of thia Deed of 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, eny change or amendment to
<br />this Deed of Trust must be (n writing end must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />Caption Headings. Caption headings in this Deed of Trust ars for convenience purposes only and ere not to be
<br />used to interpret or deflne the pravis(ons 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 capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal law applicable to Lender end, to the extent not
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