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2� 15�8444
<br /> DEED �F TRUST
<br /> ��fl)7t117U�C�� �age$
<br /> law. Ele�ion by Lender to pursue any remedy sha[! not exclude pursuit of any other remedy, and an election to
<br /> make expendifiures or to take acEion to per�arrn an obligafion o'F Trustor unde�-this Deed of Trust, after Trus�or's
<br /> failure t❑perForm,shaI[not affect Lender's right to declare a defau�t and exercise its remedies.
<br /> Request far Noti�e. Trustor, on behalf of Trustor and Lender, hereby requests tha#a copy of any Notice of Defauit
<br /> and a copy of any Notice af Safe under this D�eed of Trust be maifed to them a�the addres�es set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Afitvrneys' Fees; Expenses. lf Lender insfiitutes any suit or activn tv enforoe any o�the terms v�this Deed of
<br /> Trust, Lender sha11 be entitfed to rer;a�er such sum as the court may adjudge reasvna�[e as attomeys'fees at trial
<br /> and upan any appeal. VUhether ar nvt any court actian is in�o��ed, and to the extent nvt pr�h�bited by law, alf
<br /> reasonable expenses Lender in�urs that in Lender's a�inion are neoessary at any time fvr the protect�on o� its
<br /> interest vr the en�vroement of rt�rights shal�beoQme a part o�F the lnd�btedness payabl�on demand and shall bear
<br /> interest at the Note rate from th�date of the e�enditure unti�repaid. Expenses oo�ered b�1 this paragraph inGlude,
<br /> with�ut limitation, hawe�er subject to any limits und�r appli�able law, Lenders a�torn�ys'�ees and Len�ler's legal
<br /> expenses, whether or not there �s a lawsu�t, �ncluding attameys' fses and expenses for bankruptcy prviceeclings
<br /> {including efforts ta modify or�a�ate any aufvmatic stay vr�n�unction}, appeals,and any anticipated pvst judgment
<br /> co�lec��on senrioes, �he cost of searching re�ards, vbtaining ti�Ie reports�including f�reclosure repvrts}, surveyors'
<br /> reports, and appraisal fees, titie insuranoe, and fees �or the Trust�e, �o the extent permitted by applicable �aw.
<br /> Trustor a[so wil�pay any caurt costs, in additivn to a�!othe�sums p�o�ided by law.
<br /> Rights af Trustee. Trustee shall have al[of the rights and duties o�Lender as set for�h in this section.
<br /> Pa1NERS AND �B�.IGATI�NS aF TRUSTEE. The fiollowing pro��sions reiating�o�he pawers and vbliga�ions o�Trustee
<br /> are pa�of this Deed❑f Trus�:
<br /> PQwers of Trustee. �n addition to ail powers a�Trustee a�ising as a matter af law, Trustee shall ha�e#he pvwer tv
<br /> take the following a�ti�ns with respec�t�the Prvperty up�n�he written request vf Lender and Trustar: �a}jvin in
<br /> p�eparing and fling a map vr plat af the Real Prvperty, �ncluding the dedication o�s�ree�s ar other rights to the
<br /> pub�ic; �h} join �n granting any easement or �reating any �estri�ti�n �n the Reaf Proper�y; and (c} jvin in any
<br /> subordinatian or other agreement affecting this Deed vf Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shafi meet ail �ualifica�ivns requi�ed fvr Trustee under app�icab�e law. tn addi'�ion to the ri�hts
<br /> and remedEes set forth above, wi#h respe�f to a11 a�any par# of the Prvperty, the Trustee shaE! ha�e the right ta
<br /> foreclose by noti�e and sa�e, and Lender shall ha�e#he right tv forecIose by jud�cia� fvreclvsure, in either case in
<br /> accordance with and to the ful�extent pro�ided by applicable law.
<br /> Successar Trustee. Lender, a�Lender's option, may frvm time ta time appvint a successor Trustee to any Trustee
<br /> appainted under this aeeol �fi Trust by an instrumen# execu#ed and acknowledged by Lender and recorded in the
<br /> vffice of the recorder o� Hall Caunty, State of Nehraska. The instrument shall �ontain, in addition to all other
<br /> matters required by s#ate faw, the names of the a�-igina� Lender, Trustee, and Trustar, the book and page �or
<br /> computer system reference} where this Deed vf Trust is re�orded, and �he name and address v�thE successar
<br /> #rusfee, and the instrument sha[[be executed and acknvwledged by all the benefciaries under this�eed of Trust or
<br /> their su�cessars in interest. The su�cessor trus�ee, withouf conveyance af the Property, shaEl succeed to all the
<br /> title, pvwer, and dut�es conferred upon the Trustee in this Deed vf Trust and by appiicable�aw. This procedure tor
<br /> subsfitution of Trustee shall gvvern to the exclusion of a11 other pra�isions fvr substitut��n.
<br /> N4TiCES. Any nofice required to he gi�en under this Deed a�T�ust, including w�thou�limitation any nvtice ofi defauft
<br /> and any notice o�sale shall be g��en in writing, and sha�! be effecti�e when actualiy deli�ered,when actually recei�ed
<br /> by f��e�acsimilg tunless otherwise requRred by law},when deposited with a natfonasly recagnized a�e�night courier, or, if
<br /> mailed,when depasited in the United States mai�, as first cfass, certified or registered mail postage prepaid,directed�o
<br /> th�addresses shown nea�the beginning of this Deed of Trust. All copies vf notioes of forec[osure from the holder o�
<br /> any lien which has privrity o�er this Deed vf Trust shall he sent to Lender's address, as shvwn near#he beginning of
<br /> this aeed of Trust. Any party may change ifs address for notices under this Deed ot Trust by gi�ing forma! written
<br /> natice to the other parties, specifying that the purpose o� the noti�e is to change the party's address. Far notice
<br /> purposes, Trust�r agrees to keep Lender inf�rmed a�alf times of Trustor's current address. Llnless otherwise pro�ided
<br /> ar required by I�w, if there is more than one Trustor, any notice gi�en by Lender to any Trustor is deemed to be no#ice
<br /> given to a�l Trus�ors.
<br /> MISCELLANEDUS PR�VISIONS. The fv�lowing mis�ellaneous pro�isivns are a par�of this Deed vf Trust:
<br /> Amendments. This Deed af Trust,togefher w�th any Related Documen#s, �onstitutes the entire understanding and
<br /> agreement a�'the parties as to the matters se��arth in this �eed of Trust. No al#eration of or am�ndment ta#his
<br /> �eed of Trust shall be effecti�e unless gi�en in w��ting and sEgned by the party or parties sought to be charged�r
<br /> bound by the alterati�n vr amendment. �
<br /> Annual Reports. l� the Praperty is used for purp�ses ather than Trusto�'s residenoe, Trustor shall fumish tv
<br /> Lender, upon request, a certified statement vf net operating inoome r�e��ed fi-vm �ne Property during �rustor`s
<br /> pr+e�ious fiscal year in such f�rm and detail as Lender shall require. "Net �perating income" sha�f inean ail cash
<br /> reveipts�rom the Property iess a11 cash e�enditures made in connectivn►n►ith the vperation of th�Prvperty.
<br /> Caption Head�ngs. Caption headings in this Deed of Trust are for convenience purposes only and are nvt to be
<br /> used fo interpret or define the prvvisivns v�this Deed of Trus#.
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