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$i(f7�1�1946
<br /> DE�D i)F�"Ft1.JST
<br /> Loan No:$1t�U1799 C�ontinued} Page 6
<br /> and a copy of any Notice af 5ale under this Deed of Trust 6e mailed to them at the addr�;55�s seY'forCh in the first
<br /> gaYagYaph n'f Yhis Deed r�f Trust.
<br /> Attorneys' Faes; Expenses. If Lender institutes any suit or action to enforce any ofi the ferms of fhis Deed af
<br /> Trust,Lender sfiall be entitied ta recover such sum as the courC may adjudge reasonab[e as artomeys'iees ai trial
<br /> �nci rspon any appeai. Whether or not any court ection is inuo[ved, and to the extent not prohihited by law,a]I
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any Time for ihe protection ofi iis
<br /> interest or the enfnrcement of iis rights sf�ail beoorrie a part of the Indebtedness paya6le on demand and sha[I bear
<br /> interest at the Note rate from the daYe of Yhe expenditure until repaid. �cpenses covered by this paragraph ir�clude,
<br /> without limitation,however su6ject to any limits under applicable law,Lender's attorneys'tees and Lender's lega!
<br /> expenses,wheYher nr not thewe is a lawsuit, including attomeys'fees aod expenses for 6arikruptey proeeedings
<br /> {including efforts to modify or vacate any automatic stay or injunetion),appe�aEs,and any�nticipated pnsrijudgment �
<br /> enllection services;the cost of sear¢hing records,a6taining title reports(including foreclosure reportsf,surveyors'
<br /> reports, and appraisal fees, title insurance, anct fses'Fnr Yhe Trcrstee,to the extent perm[tted by appPicable law.
<br /> Trusior afso will pay any oourt aosts,in ad�9itian to all ather sums provided by law.
<br /> Rights of Trusiee. Trustee shal]have all nf ihe right5 and dukies nf Lender as set fartli in this section.
<br /> POWEFi3 AND OBLIGATIONS 0�7FtUST�E. The folPowing provisians relaiing m the powers and ot�Pigat3oris of Trustee
<br /> are part of this Deed of Trust:
<br /> Pawe�s of Truste�. In addiY[an Yo al[powers of Trustee arCsing es a matter of law,Trustee shalP have the power to
<br /> Yake The followir�g actians wiYh respect io the Praperty upor�the wriTten request of Lender and Frust €a)jnin in
<br /> preparing and fi(ing a map ar plat of the Real Property, including Ehe dedieation of streets or oth hts io the
<br /> public, {b}join in granting any easement or creating any restrictloa on the Real PYoperty; a 4c o3n in eny
<br /> subordination or other agreement effecting this Deed of Tr�st or the incerest of Lender under�� f Trusf.
<br /> Trustze. Trustee shall meet all quaGficatians reqUired far Tr�rstee under applicabte law. n tion to the rights
<br /> and remedies set fort h a bove,wit h respect'Co a[(nr any parr o fi the PrQpe r[y,the 7ru s e�t cali have the right to
<br /> fareclose by notice and sate, and Lender shall have the right to foreclose by judicEa� sure,in either case in
<br /> accardar2ce with and tb the#ull exCent provided by appiicable lavu.
<br /> 5uccessor Trus2ee. Lender,�at Lender's option,rnay from tima To time appoint a�essor Trustee to any Trus'Cee
<br /> app0inied under this Deed oF Trust by an instrument eacecuted and acknowledged by Lender and recorded in ihe
<br /> office of the recarder ofi Hall Goanty, State of Nebraska. The instrome shall contain, ]n addition Yo alI other
<br /> metters required by state Iaw,the names of the original Lender, Tr �and Trustor, the 600k and page {or
<br /> compWte€system referenael where this Oeed of Trust is reeorded, th name and adciresa of the successor
<br /> trustee,and the instrument shaPl be executed and acknowledged by al] beneficiaries ui�der tF�is C}eed of TrusY ar
<br /> Their suceessQrs(n interest. The successar trustee,w[thout veyance nf Ehe Property,shePl succeed to all the
<br /> title,power,and duties conferred upon the Tr�cstee Pn this De Trust and by applicable law. 7his procedure for
<br /> substitution of Trustze shall gnvern Co the excl�sian ot a[[q�i�e ovisions for substitutlort.
<br /> �Y�
<br /> NOTICES. Any notice requir'ed to be given under this C5e TFust,including witho�t limiiation any notice ofi deEaulC
<br /> and any notice of sale shall t�s given in writing,and sti Il ective when�ctually de]ivered,u✓hen actua€ly reeeived
<br /> by telefaesimils(ur�less otherwise required by[8w1,+��eposited with a national[y recognized ove€night courier,or;if
<br /> mailed,wherr deposiYed in the United Stafes mail,�st class,cerEifi�d or regiSYered rriail postage prepaid,directed tQ
<br /> the adtlresses shawn near the beginning oP this fi Trust. All aapies of notices of foreclasure frotn ths hb[der of
<br /> any lien which has prioriry over ihis Deed of shafl be sent to Lend2r's address,as sYrown near the beginning of
<br /> tliis baed of Trust. Arty party may change�its a.dress far notices under this Deed of Trust by giving formal wrifien
<br /> notice to the other parties, specifying�T_aY the purpose of the notice is to change the party's address. Fo�.r notice
<br /> pv�rposes,Trustor agrees ta keep Lend rmed at aPl times af Trustor's current addre5s. Unless otherwise provided
<br /> or required By i�w,if there is more�one 7rustor,any notice g€ven by Lender tti any Trustor is deemed to be notice
<br /> given to all Trustors. j'��
<br /> MISCELLANEOUS PR�VISIOfj��,jw�Foliowing miscellaneous provisions are a part of this�eed of Trusre
<br /> Amendmertts. 7his �►`Trust,toge�ther u�ith any Related Documenis,cbnsYitutes the entire understahding and
<br /> agreement of ihe ti as 2o the m8tters set forCh in Yhis Deed of Trust: No alteration of or amertdmen2 ta thfs
<br /> beed of 7rust s II b effective unless given in writing and signed by the�arty or garYies sought to be charged or
<br /> 6ound hy th on or amendment.
<br /> Annva[�� If the property is used for purposes other than Trusmr's resitlence, T€ustor shall furnish t�
<br /> Lender, request, a certifiied statement of net operating incorne received from the Property during TnrsYor's
<br /> previnus cal year in such form and detai[as Lender shall require. "Net operating income"sha11 mean alI cash
<br /> receipts from the Property less al[cash expendi#ures made in connecfion with the operatir�n nfi tYie Property.
<br /> Ca(rtinn Headings_ Captfon headings in this beed oP Trust are for canvenience purposes on(y and are noE io 6e
<br /> used to interpret or define ihe provisions�of this Deed of��frust.
<br /> Merger. There shall be no merger af the interest or estate created by thls Daed ofi Trust wiih any other ir�terest or
<br /> estate in the Property at any time held 6y or for the benefiit af Lender]n any capac[Cy,without the written consent
<br /> ot�ender.
<br /> Governing Law. This Ueed of TrusC will be governed by federal law applieable to Lender a�d,ta tfie e�ctent not
<br /> preempted by federal iaw,fhe[aws of tha State of Nebraske withntlt regard to i�ts conflicts of law provisians. Tkis
<br /> pezd oi 7rust has beere accepted by Lender in the Stste ot Nebraska.
<br /> Choice of Venue. [f there is a Iaws�ii,Trustor agrees upon Lender's requesf to subrnit to the jurisdiction of the
<br /> courts of Ha.il County,State of Nebraska.
<br /> Jairrt and 5everal LiabiCity. All otaligaTions of Trustor under Yhis�eed of Trust shall be joint and several,and a[[
<br /> €eferences to Trustor shalf ricean each and every TrusCor. This means that each 7rustQr signing below is
<br /> responsible for a]]obligatians in this Deed df Trust.
<br /> No Waiver by Lender. Ler�der sha[[nat 6e deemed to have waived any rights under this Deed e�#Trust uniess such
<br /> waiver is given in writing and signed By Lender, No delay or omission on the part of Lender in exercis.ing any right
<br /> shall Qperafe as a waiver of such right or any other right. A waiver by Lender af a provision of this Deed of Trust
<br /> shall not prejudCce or cortsYitute a waiver of Lender's right otherwise to dem2nd strict comp]iance wfth that
<br /> provision or any other provision of thi5 Deed af-frust. IVo prior waiver by Lender, nor any course of dealing
<br /> between lender and Trustor,shall cbnstitute a waiver of any of Lender's r3ghts or of any af Trc�star's obligations
<br /> as to any future transactions. Whenever the cnnsenY e7f Lender is required under this�eec3 of Trust,the gran#ing
<br /> of such consent by Lender in any instance shall not epnstitute cor�tinuing consent to sub5equent instances where
<br /> such consent is required and in all cases s�ch consent may be granYed or withheld in the sole discretion of Lender.
<br /> Severability, Ifi a court Of CornpeTent jurisdiction finds any provision of this Daed of TrusY Ya be i9legal,invaGd,vr
<br /> unertforceable as to any person or ciecumsTance,that finding shall not make the offentting provision illeg�I,invalid,
<br /> or unenforceable as to eny other person or circumsta�¢e. if feasible,the ofi€ending provisiori shall be consideied
<br /> modified so that it becoroes legal,va[id and enforesa6le. ]f the Offending prpvision�annot be so modified,It sha�C
<br /> be considered deleted from this beed of Trust. Unless oYherwise required by law, Yhe illegality, invalidity, or
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