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Loan No: 5726994500
<br />201.307242
<br />DEED OF TRUST
<br />(Continued) Page 8
<br />collection services, the cost of searching records, obtaining 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 all 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 OBLIGATIONS 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 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 />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or
<br />more purchasers, whether related or unrelated to Lender, without notice and without the consent of the parties; (b)
<br />Lender may provide to any purchaser, or potential purchaser, any information or knowledge Lender may have about the
<br />parties or about any other matter relating to this loan obligation, without notice, and the parties waive any rights to
<br />privacy it may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute owner and
<br />will have all the rights granted under the loan documents or agreements governing the sale of the loan; (d) the
<br />purchaser of a loan may enforce its interests irrespective of any claims or defenses that the parties may have against
<br />Lender; and (e) to waive all notices of sale of the loan, as well as all notices of any repurchase, and all rights of offset
<br />or counterclaim that the parties have now or later against Lender or against any purchaser of the loan.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall
<br />be effective as an original, but all of which taken together shall constitute a single document. An electronic
<br />transmission or other facsimile of this document or any related document shall be deemed an original and shall be
<br />admissible as evidence of the document and the signer's execution.
<br />COMMUNITY AND OTHER PROPERTY. In addition to the rights of Lender under any applicable community property
<br />laws, Borrower, Guarantor or Grantor who is a Married Person and who has an interest in marital or community
<br />property under applicable law acknowledges and agrees that his /her obligation as a Borrower, Guarantor or Grantor is
<br />incurred in the interest of and to benefit the marital community (or domestic partnership, if applicable), and expressly
<br />agrees that recourse may be had against his or her separate property and his or her rights in community property and
<br />community assets for all of his or her obligations to Lender, in addition to any other property that may be subject to
<br />rights of Lender. Borrower and Guarantor also agree not to, without Lender's prior written consent, enter into any
<br />community property agreement which alters the separate or community property character of any of such party's
<br />property. For the purpose of this provision, "Married Person" means a person in a spousal relationship and shall include
<br />parties to a duly registered and /or legally recognized same -sex civil union, domestic partnership, and other terms,
<br />whether or not gender - specific in a spousal relationship, that denote spousal relationship, as those terms are used
<br />throughout the laws, codes and regulations of states and /or jurisdictions that recognize legally married same -sex
<br />couples, civil unions and /or domestic partnerships, and any references herein to a married person or marital status shall
<br />be deemed to also include the applicable corresponding term, or other reference relating to a party to a civil union or
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