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��14�147� <br /> �EE� �F T�usT <br /> Laan Na: '�41�74'I 39 ���nt�nu�d� P�g� � <br /> Request#or Notice. Trustflr, on behal�of Trustor and Lend�r, hereby requests that a c�py of any Na�ice of Default <br /> and a copy of any Notice ❑f Sale under thss Deed of Trust be mailed to them at�he address�s set forth in the first <br /> paragraph�f this Deed ❑f Trust. <br /> Attorneys' F�es: Expenses. !� Lender insts�utes any suit �r action to enf�rce any ofi the terms ��f this Deed af <br /> Trus�, Lender shall �e entifiled to recov�r su�h sum as the court may adjudg� reas�nable as attorneys" fees a��rial <br /> and upon any appeal. Wh�ther �r not any court activn is in�al�edr and ta the extent n�t prvhibited by lav►r, all <br /> reasonable expenses Lender incurs that in Lender's vpinion are n���ssary at any time for the prot��tian of its <br /> in�erest or the enforcement o�F�ts rights shall become a part o�the lnd���edn�ss payahle fln demand and shall bear <br /> interest at the N�te rate fir�m the da�e of th�expenditure un�til repaid. Expenses ca�er�d by this paragraph include. <br /> with�ut limita�ian, howe�er subject fi� any limits under appli�able law, Lender's attarneys' fees and Lender`s ��gal <br /> expenses, wh�ther or n�t �here �s a �awsuit, including att�rneys' fees and �xpenses for bankruptcy pro�eedings <br /> �Encluding effarts�v modify vr�acat� any aut�matic stay or injunction�, app�als� and any anticipated post-judgment <br /> cvllec�ion services, the cost of searching records, ohtaining title reports �includin� fvreclosure reports�. sur�eyors' <br /> reports, and appraisal fees, fit�e insurance� and f��s f�r �he Trustee� �o the extent permitted by app�icable law. <br /> Trustor also will pay any court casts, in addition to a�l ather sums pr��ided by law. <br /> Rights of Trustee. Trustee shall ha�e al�o�F the rights and duties af Lender as s�t forth in fhis s�ctian. <br /> P�WERS AND ❑BLIGATI�NS DF TRUSTEE. The�ollowing pro�isions relating t� the powers and obligatians of Trustee <br /> are part a�this Deed af Trus�: <br /> Powers of Trus�ee. In addi�tion to all p�wers af Trustee arising as a matter❑f law, Trustee shal[ have the pvwer to <br /> tak� the �ollowin� acti�ns ►rvith respect t❑ th� Property up�n the wrifi�en request af Lend�r and Trustor: �a� j�in in <br /> preparing and filing a map or plat ❑f the ReaE Property, including the dedicati�n o� streets or �ther rights to the <br /> public, �b� join in gran�ing any easement ar cr�atin� any restriction an the Real Proper�y; and tc) join in any <br /> subardination ar other agreement affecting this deed ofi Trus�t ar the interest of Lender under this D�ed of Trust. <br /> Trustee. Trus�k�� shall meet afl qualifi�ati�ns required for Trustee under appficab�e law. In addi�ian to the rights <br /> and remedies set forth a�ove, with respecfi to al� ar any part o� the Pr�perty. the Trustee shal! ha�e �he right tv <br /> foreclos� by notice and sale, and Lend�r shall ha�e the right �❑ �forec�ase by judicia� ��reclosure� in ei�ther case in <br /> accvrdanc�w�th and tfl�he full extent providc:d �y appliCab[e �aw. <br /> Su��essar Trustee. Lender. at Lender's optivn, may fram time t�tim� appoin� a successor Trustee tv any Trustee <br /> appoin�ed under this Deed vf Trust by an ins�rument executed and acknowledged by Lend�r and r�corded in the <br /> office of the recor�er af HALL �oun�ty, 5tate vf N�braska. The ins�rument sha[I cvntain� in addition to a!I ofiher <br /> ma�t�rs required by state law, the names of the arigina[ Lender, Trustee, and Trus'tor, the boak and page �or <br /> cvmputer sys�em re�erencey where �his Deed of Trust is recorded, and �he name and addr�ss ❑f the successor <br /> trustee� and the ins�trument sha�l be executed and ackno►rvledged by a�l the bene�Ficiaries under this Deed o�Trust or <br /> their successors in interest. The successor trustee. wifh�ut con�eyance of the Property. shali sucGeed to all �he <br /> �title, power, and duties cvnferred upon the Trustee in this Deed of Trust and by applicable law. This proc�dure fvr <br /> substitufiinn af Trus�tee shall gaWern to the exclusion ofi a11 ather prvvisi�ns�For su�stitutian. <br /> N�T�CES. Any notice required ta b� gi�en under fihis Deed af Trust, including without limitation any no�ice of default <br /> and any notice af sale shafl be given in ►rvriting, and sha[I be effecti�e when actuaEiy delivered, when ac�ually receiWed <br /> by telefacsimil� {unless otherwise r�quired by lawf,when deposited with a na�ianally recognized oWernight cvurier, or, if <br /> mailed, when deposi�ed in�he Llnited States mail, as firs�c�ass, certified or regisfier�d mail pastage prepaid, direcfied �a <br /> the addresses shawn near the beginning v��his Deed �f Trust. All �opies of nvtices of foreclasure from �he hoEder ofi <br /> any lien which has priority o�er this Q��d ofi Trust shall be sen� to Lender's address, as shown near the beginning of <br /> this Deed �f Trust. Any party may change its address for natices under this D��d of Trust by gi�ing formal written <br /> n��ic� to the ��her parties, specifying that the purpose of the notice is �o chang� the party's address. For nvtice <br /> purposes, Trus�or agrees to keep Lender infarmed at all times of Trustor's current address. Unless atherwise provided <br /> or required �y law, i�F there is mare than one Trust�r� any notice giWen by Lend�r to any Trustor is deemed �o �e not�ce <br /> giWen to afl Trustors. <br /> IVI�SCELLANEOUS PR�VISI�NS. The foil�wing mis�elianevus praWisions are a par�of this Deed of Trust: <br /> Amendmen�s. This aeed af Trust,tag�ther with any Related ❑ocuments� c�nstitutes the entire understanding and <br /> agreement of the parties as to the matters s�� forth in this Deed of Trust. Na alt�ratian �f vr amendment ta this <br /> Deed vf Trusf shall be ef�ecti�e unless �i�en in writing and signed by the party vr parties sough��o be charged or <br /> bound by th� altera�ivn or amendment, <br /> Annual Reports. lf the Property is used far purposes vther than Trustor's residence, Trustor shall furnish tv <br /> Lender� upan reques�, a c�rtifiied statement �f net operating income r�cei�ed from the Property during Trustor's <br /> previous �Fisca! year in such form and deta�l as L�nder shail r�quire. "Ne� operating in�ome" sha11 mean aEl cash <br /> rec�ipts tr�m the Property�ess all cash expenditures made in cvnnection with�he opera�tian of�he Property. <br /> Caption Headings. Caption headings in this aeed af Trust are for ��n�enience purposes anly and are nvt to be <br /> used to interpret or define�he pro�isi�ns of this Deed vf Trus�. <br /> Nlerger. There shall he no merg�r of the interes�vr es�ate cr�ated �y this ❑s�d o�Trust with any❑�ther interes�o�- <br /> estate �n the Property a� any time held by or far�he b�nefit �f L�nder in any capacity, with�u�the written cansent <br /> af Lender. <br />