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201209636
<br /> DEED OF TRUST
<br /> Loan No: 81001701 (Continued) Page 6
<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. 6cpenses covered by this paragraph include,
<br /> without limitation,however subject to any limits under applicable law,Lender's attorneys'fees and LendePs legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (induding efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment
<br /> collection�services,the cost of searching records,obiaining title reports(including foreclosure reports),surveyors'
<br /> reports, and appraisal 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 alI 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 OSLIGATIONS 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 and Trustor. (a)join in
<br /> preparing and filing a 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 /> 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 qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all or any pa:rt of the Property,the Trustee shall have the right to
<br /> foredose by notice and sale,and Lender shall have the right to foreclose by judiciaJ foredosure,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 /> matters required by state law, the names of the original Lender, Trustee, and Trustor,. the book and page lor
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the insYrument shall be executed and acknowledged by all the�beneficiaries under this Deed ofi Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,a�d duties conferred upon tfie Trustee in this Deed of Trust and�by applicable law. This procedure for
<br /> substitution of Trustee shall govem 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 eequired by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited�in the United States mail,as firsY class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the 6eginning 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 party may cha�ge its add�ess for notices under this Deed of Trust by giving formal written
<br /> notice to the other parties, specifying that 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 law,if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous�provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Related Documents,constitutes the entire understanding and
<br /> ag�eement of the parties as to tFie 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 parties sought to be charged or
<br /> bound by the afteration 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 Trustor's
<br /> previous fiscal year in such fnrm and detail as Lender shall require. "Net operating i�come" shall mean all cash
<br /> receipts from the Property less all cash expenditures made in connection with the operation of the ProperEy.
<br /> Caption Headings. Gaption 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 6e no merger of the interest or estate created by this Deed of Trust with any 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 /> Governing Law. This Deed of Trust will be governed by federal Iaw appfica6le to Lender and,to the e�ctent not
<br /> preempted by federel law,the laws of the State af Nebraska without regard to its conflicts of law provisinns. This
<br /> Deed of Trust has been accepted 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 /> courts of Hall County,State of Nebraska..
<br /> Joint and Several Lia6ility. All obligations of Trustor under this Deed of Trust shall be joint and several,and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that �
<br /> provision or any otheY provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any ofi Trustor's obligations
<br /> as to any future transactions�. Whenever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid,or�
<br /> unenforceahle as To any person or circumstance,thaY finding shall not make the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be considered
<br /> modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so modified,it shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this�eed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be�binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of TrusY and the Indehtedness by way of forbearence or
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