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��14�3795 <br /> DEE[� D�' TRUST <br /> �Cont�nu�:�} Page 7 <br /> reasonab�� expenses Lender incurs that in Lender's r�pinion are n�cessary at any time for the protection o� its <br /> interes#or the enfiorcement of its rignts shall become a part a�the lndebtedness payable on demand and shall �ear <br /> interes# at th� Gredit Agreement rate ��om the da�e of the expenditure un#�f repaid. Expenses ca�ered by this <br /> paragraph in��ude, wi�haut limitatian, howe�er subject�a any lim�ts under applicable law, Lender's atfarneys'fees <br />� and Lender's legal expenses, whe�her or not there is a lawsuit, includ�ng attorneys' fees and exp�nses for � <br /> bankruptcy praceed�ngs �inc�uding efForts to modify ar�acate any autvmat�c stay or injunctian}, appeals, and any <br /> antic�pated post judgment calle�tion se�vices, the �ost of searching records, obtaining #itle r�ports (including <br /> foreclosure reparts}� SuIV�]l��'S� reports, and app�aisal fees, �itle insu�ance, and�ees for the Trus�ee, �a the extent <br /> pe�mitted by applicable 1aw. Trustor alsa wil� pay any court�osts, in addi�ion to all other sums pro��ded by law. <br /> Rights vf Trustee. Trus�ee shali have all of the rights and duties o�Lender as se��arth in this sect�on. <br /> PO�IIJERS AND QBLIGATIQNS�F TRUSTEE. The fo�fowing pro�isivns relating to the powers and obliga#ions of Trustee <br /> are part❑f this Deed of Trus�: <br /> Pawers o�Trus#ee. �n addition to al�powers of Trus��e arising as a matter of law, Trustee shall ha�e the power-to <br /> take the following actions with respect�o the Property upon the written request o�Lender and Trustor: �a)join in <br /> preparing and fi�ing a map or pla� of the Rea[ Property, includ�ng �he dedicat�on of streets or other ��ghts �a the <br /> public; �b} join in granting any �asemen� or creat�ng any �estriction nn the Reai Propet�y; and �c} join in any <br /> subordination or o�he�ag�eement affecting this I]eed af Trus�ar the interest af Lender under this❑eed of Trust. <br /> Trustee. Trustee shall meet alI qualif�catians required fo� Trustee und�r app�ica�le law. in addition �v the r�ghts <br /> and remedies set for�h abo�e, wi�h respec� to all or an� part of the Property, the Trust�e shall have the right to <br /> foreclase by notice and safe, and Lende� will have the righ# to foreelose by jud�ciai fareclasu�e, in ei�her case in <br /> accordance with and t❑�he full extent pro�ided by appficable lavu. <br /> Successor Trus#ee. Lender, a#Lender's aption, may fr�m time ta time appoint a successor Trustee to any T�ustee <br /> appointed under this ❑e�d of Trust by an instrum�nt �xecuted and acknawl�dg�d by Lender and recorded in the <br /> affice ofi the recorder o� HALL �ounty, State of Nebraska. The ins�rumenf shal� contain, in addi�i�n to all ofher <br /> matters �equired by state law, the names of the or�ginal Lender, Trustee, and Trustor, #he book and page �ar <br /> computer syst�m reference} where this Deed of Trus� �s �ecorded, and ihe name and address of the su��essor <br /> trustee, and th�instrum�nt shall be executed and acknowledged by all�he beneficiaries under this ❑eed o�Trus#or <br /> �heir successors in interest. Th� su�cessor trustee, withaut con�eyance v�the Property, sha�l succeed to all the <br /> title, power,and duties conferred upon the Trus�ee in this aeed of Trust and by applicable law. This procedure fior <br /> substitutian vf Trustee shall gv�ern�v the ex�lusivn of all other pro�isions for subs�i�uti�n. <br /> N4TICES. Any no#ice r�quired t� be gi�en under this �eed o€Trus#, �nc�uding without lirnitation any notice a�defaul� <br /> and any notice o�sale shall be gi�en in writing, and shall be �ffec#i�e when actually deli�ered, when actua�ly recei�ed <br /> by tele�acsimi�e�unless o#nerwise required by!aw}, when deposi�ed with a na#ianalfy recognized o�ernighf courier, or, if <br />� mai[ed,when deposited in the Uni#ed St�tes mail, as firs�class, certif�ed ar regis#ered mail pos�age p�epaid, di�-ect�d tv <br /> �he addresses shawn near the beginning of this Deed o�Trust. All copies of no�ices of foreclosure frorn the hoider of <br /> any lien which has priority over this Deed af Trust sha[I be sent tv Lender's addr�ss, as shown near the beginning of <br /> this Deed ofi Trust. Any person may change his o� her address far not�ces under this Deed of Trust by gi�ing farma� <br /> written no#ice to the o�her person or persons, speci�ying that the purpose o� the no�ice is to change the per-son`s <br /> adc�ress. For na�ice purposes, Trustvr agrees to k�ep Lender informed at al�times afi Trustor's current address. Uniess <br /> otherwise pro�ided or requ�red by law, if there is more�han ❑ne Trus�or, any nv#ice gi�en by Lender tv any Trustor is <br /> deemed to be notice given to a�l Trus�vrs. lt wil� be Trus�o�'s responsib�li�y�o te!!the�thers of the na�ice fram Lender. <br /> iVIIS�ELLANEOIIS PRQVtSIflNS. The�oiiowing misce�laneous pro�isions ar�a �ar�vf this Deed vf Trust: <br /> Amendments. What is wri�ten in this Deed of Trust and in the ft��ated Documents is Trus�or's entire agreement <br /> vvi�h Lender concerning fhe mat�ers �o�ered by this ❑eed o�F Trust. Ta be effec#i�e, any change or amendmen��� <br /> this Deed ofi Trust must be in writing and mus� be signed by whae�er wil! be bound ar abligated by the change or <br /> amendmenfi. <br /> Captivn Headings. Caption headings in this ❑eed vf Trus� are for can�enience purposes vnty and are no� ta be <br /> used to interpr�#or d�fne the prv�isions o�this Deed af Trust. . <br /> Nlerger. There shail be no me�ger o�the interest or estate created k�y this Deed o�r Trust with any othe�intet-es�a� <br /> �state in the Praperty at any#ime held by or for#he benefi�of Lender in any c�pa��ty,withaut the writ�en consent <br /> of Lender. <br /> Go��rn�ng Law. This Deed of Trust wiiI b� gorr�rned by#ederai law appli�ab�e to Lender and, t❑ the ex��n� no� <br /> �reempt�d by federa� �aw,the �aws of the State o�Nebraska withvut regard�o i�s confli��s of�aw provisions. This <br /> Deed v�Trus�has been ac�epted by Lender in#h�State of Nebraska. <br /> N❑�JVai�er by Lender. Trustor understands Lender wil� n�t gi�e up any of Lender's r�gh#s under�his ❑eed�f Trus# <br /> unless Lender dves sa in wri�ing. The fact �hat Lender delays or omits fio exercise any r�ght wil� not msan that <br /> Lende� has gi�en up �ha� right. 1f Lend��-does agree in writing to gi�e up one af Lend�r's righ#s, #hat does not <br /> mean Trustor wiil not ha�e to comply vuith the other pro�isions of�his Deed ��Trust. T�ustor alsv understands <br />, that if Lender daes consent to a request, that dves no� mean that Trustor wi�l not haWe �o get Lender's consen# <br /> again if the s�tua#ion happens again. Trustor fur�her ur�derstands that jus�because Lender consents to ane or more <br /> o�Trusto�'s requests, #hat does not mean Lender will be requir�d �o consen# �a any a�Trustvr's fu#u�-e requests. <br />