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201301953
<br />DEED OF TRUST
<br />(Continued) Page 6
<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 part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender shall 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, 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 (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address 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, 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 any 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 />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 party may change its address 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 />LOAN PROVISIONS. Acceleration in the Event of Sale. In the event any or all of the real estate described in the
<br />Mortgage or Deed of Trust, Security Agreement or other instrument providing security for this note is sold, exchanged
<br />or otherwise transferred, the Lender's written consent must be obtained prior to any sale or Lender may, without
<br />notice, declare the entire unpaid balance of this note and all accrued and unpaid interest plus costs and fees due under
<br />this note immediately due and payable.
<br />Lender Advances. The Lender may make advances under the Mortgage or Deed of Trust, Security Agreement or other
<br />instrument providing security for this note, to protect the Lender's interest in any Mortgage or Deed of Trust, Security
<br />Agreement or other instrument providing security for this note from loss of value or damage. Any money so advanced
<br />(including reasonable costs of recovery and attorney's fees) plus interest at the default rate shall become an obligation
<br />due and owing under the terms of this note immediately upon the date advanced by Lender and is an obligation of the
<br />Borrower secured by the Mortgage or Deed of Trust, Security Agreement or other instrument providing security for this
<br />note.
<br />Jurisdiction. If litigation is required in state court, Borrower agrees to submit to the jurisdiction of the courts of
<br />Yankton County, State of South Dakota and venue, at Lender's discretion shall be proper there. If litigation is required
<br />in federal court, Borrower agreed to submit to the jurisdiction of the federal court in Sioux Falls, South Dakota. All
<br />parties to this Mortgage, Deed of Trust, or Security Agreement hereby waive the right to any jury trial in any action,
<br />proceeding, or counterclaim brought by any party against any other party. .
<br />LOAN PROVISIONS. Hazard Insurance. Borrower must maintain and provide evidence of hazard insurance coverage on
<br />all insurable assets given value by the Appraiser in the Appraisal that supports the Loan for the life of the loan. The
<br />amount of coverage will be at least equal to the appraised (contributory) value of the asset, but does not need to
<br />exceed the loan amount. The deductible for hazard insurance may not exceed $ 10,000 or two (2) percent of the
<br />applicable amount of coverage (whichever is less). Failure to maintain the required insurance coverage constitutes an
<br />event of default under the Mortgage.
<br />Dissemination of Information. If the Lender determines at any time to sell, transfer or assign the Note, this Security
<br />Instrument and any other security instruments, and any or all servicing rights with respect thereto, or to grant
<br />participations therein ( "Participations ") or issue, in a public offering or private placement, mortgage passthrough
<br />certificates or other securities evidencing a beneficial interest in the loan ( "Securities "), Lender may forward to each
<br />purchaser, transferee, assignee, servicer, participant, investor, or their respective successors in such Participations
<br />and /or Securities ( "collectively, the "investor "), any rating agency rating such Securities and each prospective Investor,
<br />all documents and information which Lender now has or may hereafter acquire relating to the Indebtedness and to the
<br />Borrower, any Guarantor, any Indemnitors and the Mortgaged Property, which shall have been furnished by Borrower,
<br />any Guarantor or any Indemnitors, as Lender determines necessary or desirable.
<br />Annual Financial Statements. Borrower shall from time to time provide such information regarding the business,
<br />operation and /or financial condition of Borrower as Lender may reasonably request. Notwithstanding the foregoing,
<br />Borrower shall furnish to Lender, by May 1, and each May 1 thereafter for the Borrower and all entities in which
<br />Borrower has an ownership interest, financial statements consisting of a written signed balance sheet as of the close of
<br />the most recent fiscal year -end and a written statement of profit and loss for the same period and copies of the most
<br />recent year -end tax returns.
<br />The failure of Borrower to provide annual financial statements or other requested reports within a reasonable time may
<br />be declared to be a default of this note by the Lender and Lender may exercise all remedies under the provision in this
<br />note captioned "Default" or as provided elsewhere in this document.
<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 />agreement of the parties as to the 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 alteration 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 form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
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