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<br /> DEED OF TRUST
<br /> Loan No:oon4* (Continued) Page 6
<br /> Paragraph m this Deed",Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit",action wenforce any mthe terms*this Deed of
<br /> ,ru°,.Lender shall"°entitled m recover such sum°"the court may adjudge reasonable o,attorneys'tees"`trial
<br /> and upon any appeal. Whether",not any court action m involved, and m the extent not prohibited u,law, all
<br /> reasonable°",°ns""Lender incurs that* Lender's opinion are necessary a, any time for the protection"fits
<br /> interest",the enforcement"/its rights shall become^part",the Indebtedness payable""demand and shall bear
<br /> interest at the Note rate from the date",the expenditure until repaid. Expenses covered^v this paragraph include,
<br /> without limitation.however subject,o any limits under applicable/"w,�,m�'""`mm,,,'fees and Lender's legal
<br /> expenses, whether m"m��is lawsuit, including attorneys' fees and expenses for
<br /> (including efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment
<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 /> Truster 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 OP TRUSTEE. The following provisions relating m the powers and obligations"/Trustee
<br /> are part",this Deed orTrust:
<br /> Powers of Trustee In additio m all powers mTrustee 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; (Is)join in granting any easement or creating any restriction on the Real Property; and lc)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^,notice and sale, and Lender shall have the right to foreclose»,judicial foreclosure,w either case'"
<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""instrument executed and acknowledged by Lender and recorded in the
<br /> office "'the recorder",Hall County, State"/Nebraska. The instrument shall contain, m addition m all other
<br /> matters required u,state law. the names .,the original Lender, Trustee, and r=°w,. the book and page tor
<br /> computer system reference) where this Deed",Trust'°recorded, and the name and address m the successor
<br /> trustee,and the instrument shall^"executed and acknowledged^,all the beneficiaries under this Deed m Trust=
<br /> their successors*interest. The successor trustee, without conveyance of the Property,shall succeed to all the
<br /> title,power,arid duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution",Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required mu"given under this Deed",Trust,including without limitation any notice",default
<br /> and any notice m sale shall u°given."writing, and shall^°effective when actually delivered,when actually received
<br /> u,m"mc".m./"(unless otherwise required uvmw.when deposited with o nationally recognized overnight courier,or,x
<br /> mailed,when deposited/"the United States="o.oxn�,c/«""'��mdv,�u'°*,eumw`p��s°n,,p�"v.,e"°mm
<br /> ������"�,��� Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed",Trust shall ue sent m Lender's°m,"""'""shown�",m"^°vm"�n"
<br /> this Deed of Trust. Any p°�vm" change its address w,"",.""° ""*°,w/°Deed ,r
<br /> giving formal written
<br /> notice ," the other parties, ^pe"xw" that the purpose ",the notice '" w change the party's address. For notice
<br /> purposes.,ru"to,agrees=keep Lender informed",all times mn"st"'~current address. Unless
<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 m all Trusters.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are"part*this Deed wTrust:
<br /> A"="a°"°° `m"u°°umr,"*.Together.'m^"v^^wm^n"""m*"ts.00"°,',"m",^°o",m"""vo,",a"m"y=,w
<br /> agreement of the parties""m the:natters set forth m this Deed*Trust. w"alteration°'.,amendment w.m.
<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. x the Property ., used for purposes other than n"sor'" residence, Truster shall furnish m
<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 shall mean all cash
<br /> receipts from the Property less all cash expenditur made in connectio with the operation of the Property.
<br /> Caption Headings. Caption this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the prov ions of this Deed of Trust.
<br /> Merger, There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate m the Property°,any time held ov",for the benefit of Lender in any capacity,without the writte consent
<br /> of Lender.
<br /> Governing This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice m Venue. n there/""lawsuit,Truster agrees upon Lender's request m submit*the jurisdiction"fthe
<br /> courts°,Lincoln County,State mNebraska.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice ", constitute u waiver °/ Lender's right otherwise m demand strict compliance with that
<br /> provision or any other provision m this Deed °,Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent ot Lender is required=der this Deed of Trust,the granting
<br /> ",such consent»,Lender m any instance shall not constitute continuing consent m subsequent instances where
<br />• such consent u required and m all cases such consent may bo granted v,withheld."the sole discretion of Lender.
<br /> Severability. na court*competent jurisdiction finds any provision",this Deed m Trust mu°m"s"/�m."o^.",
<br /> unenforceable as ° any "^�m*m"m, that finding shall not � m° "�" mvp�.�= invalid, or
<br /> unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If time offending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> SUCCOSSOTS mw Assigns. Subject limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be bindin upon and inure to the benefit of the parties, thei successors and assigns. If
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