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2� 1 ��5191
<br /> DEED �F TRLJST
<br /> Loan No: 7�'I�978"15 ���r�tinued} Page 8
<br /> prohibiting Lender from seeking a d�ficiency judgment agains�the Trustor t❑the extent such action is permitted by
<br /> law, Electian hy Lender '�o pursue any remedy sha�� not exclude pursuit of any other remedy, and an e(ection ta
<br /> make expenditu�-es o� t❑ take a�tivn ta p��form an ❑bligatian af Trustar under this Deed af Trust, after Trusfivr's
<br /> �ailure ta pertorm, shall nat affect Lender's right to declare a default and exercise i�s remedies.
<br /> Request for No#Ece. Trustvr, on behaif�t Trustor and Lender, hereby requests that a �vpy of any Notice nf De�aul�
<br /> and a copy ❑f any Notice �f Sale under th�s Deed af Trust be mailed to them at the addresses set forth in the firs�
<br /> paragraph of this aeed of Trus�.
<br /> At�orneys' Fees: Expenses. l� Lender institutes any suit ❑r ac#ion to en#orce any of the �erms ti� fihis Deed of
<br /> Trust, Lender sha[l be ent�tled to reco�er such sum as the caurt may adjudge reasanable as afitorneys' fees at trial
<br /> and upon any appeal. Whether or nofi any cour� acti�n is fn�o��ed, and t❑ the extent not prohibited by law, all
<br /> reasonab[e expenses Lender incurs tha� in Lender's apinion are necessary at any �ime far the pr���ct�on �f i�s
<br /> in�erest or the enforcement❑f its rights shall became a part��#he lndehtedness payabl� on demand and shal[ bear
<br /> interest a�the N��e rate from the date o�fihe expenditure un�il repaid. Expenses co�ered �y this paragraph inc[ude,
<br /> wi�hout [im�tation, hvwe�er subj�c�t� any limits under applicable [aw, Lend�r`s attorneys' �ees and Lender`s [egal
<br /> expens�s, whethe�- ❑r not there ss a lawsuit. including attorneys' fees and �xpenses #or bankruptcy proceedings
<br /> {including ef�vrts tv modify�r�acate any autamatic stay or;njunction�, appeals, and any anti�ipated post-judgment
<br /> collection ser�ices, the cost vf searching records, obtaining tit[e reports �including foreciasure reparts}, sur�eyors'
<br /> reparts, and appraisal �ees, title insurance, and fees �or the Trustee, �a the extent permitted by app�icable [aw.
<br /> Trustar aiso v►rill pay any cvurt costs, in additEon to all ❑�her sums pro�ided by law.
<br /> Righ#s of Trustee. Trustee sha[[ ha�e all af the �ights and du#ies❑f Lender as set forth in this section.
<br /> P�WERS AND �gLIGATIONS �F TRUSTEE. The following pro�isions refat�ng to the pawers and abligatians of Trustee
<br /> are part of this Deed ❑f Trust:
<br /> Powers ❑t Trus#ee. ln addition to a[[ powers of Trustee arising as a matter of law, Trustee shall ha�e the p�wer�❑
<br /> take the �v�iawing acfiions with respect ta the Properfiy upon the wr�tten request ot Lender and Trustvr: �a} join in
<br /> preparing and fi[ing a map o� plat v� the Real Prap�rty, including �he dedication of stree�s or ❑ther rights t❑ �he
<br /> public; {by j�in En granting any easemenfi or Gr�ating any restric�ion on the Real Property; and {c} join in any
<br /> subordinati�n or a�her agreemen�affec�ing this ❑eed of Trust or the interes�of Lender under�his D��d of Trus�.
<br /> Trustee. Truste� sha[[ mee� a[[ qua[i�ications r�quired for Trustee under applicable lavu. [n addi�ion �o the rights
<br /> and remedies sefi �Forth abo�e, with respe�t to all ar any part of the Prvperty, the Trustee sha[[ ha�e �he right t❑
<br /> foreclvse by notice and sale, and Lende� shall ha�e the right to �oreclvse by�udicial foreciosure, in either case in
<br /> accordance with and to the full extent provided by applicable faw.
<br /> Successor Trustee. Lender, at Lender's optEan, may �rom time to time appoint a successo�Trustee ta any Trustee
<br /> appointed under this D�ed �f Trust by an instrum�nt execut�d and acknow�edged by Lender and re�arded in the
<br /> office af the recvrder of HALL Cvunty, State of Nebraska. The �nsfirument sha[[ cflntain, in addition to all other
<br /> ma#ters required by state iav►r, the names ❑t the ❑riginal Lender, Trus�e�, and Trustar, �he baak and page {or
<br /> computer system reference� where fihis Deed of Trus� is recard�d, and the name and address o� the successor
<br /> �rustee, and#he instrument shali t�e executed and acknowledged by ail the beneficiaries under this Deed of Trust or
<br /> �heir successors in interest. The successar t�ustee, without cvn�eyance o��he Praperty, sha�l succeed to a�l the
<br /> title, power, and dufies can�ferred upvn the Trustee in this Deed of Trust and by applicab[e law. Th�s pr�cedu�-e f�r
<br /> substitution af Trustee shall go�ern to the ex�lusian of all other pro�isians for substitution.
<br /> NQT�CES. Any nvtice required ta be gi��n under this Deed ofi Trust, inc�uding w�thou� [imFtativn any notice of defau[t
<br /> and any nvtice a�F sa�� shafl be gi�en �n wri��ng, and sha[I be effiecti�e when ac�ually de(i�ered, when actua��y re�ei�ed
<br /> by te�e#acsimile tunless afiherwise required by [aw}, when depvsited with a nativnally recognized ���rnight courier, ar, if
<br /> mailed, when deposited in the United Sfiates mai[, as firsfi class, certified or registered mai[ pastage prepaid, directed �t❑
<br /> fihe addresses shown near the beginning af this Deed of Trust. All cvpies o# natices of-Fareclosure �rom fihe holder of
<br /> any lien which has priarity o�er this Deed of Trust shall be sent t❑ Lender's addr�ss, as shown near the b�ginning of
<br /> this Deed vf Trusfi. Any party may change its address �or notices under �his Deed ot Trust by gi�ing farmal written
<br /> no�ice �o the other parties, specifying that the purpvse ❑f the nvtice is �o change the party's add�ess. For notice
<br /> purposes, Trustar agrees �a keep Lender informed a� all times of Trustor's �urrent address. Unless atherwise p�-o�ided
<br /> or required 1oy law, �f the�-e is more#han ❑ne Trusfiar, any no�ice gi�en by Lender t❑ any Trus�vr is deemed t❑ be natice
<br /> given t❑ all Trustors.
<br /> MiSCELLANEUUS PRQVISIDNS. The t�[iowing miscelianeous pro�isions are a part❑f�his Deed ❑f Trust:
<br /> Amendments. This ❑�ed o�Trus#, �ogether with any Relafied Documenfis, constitutes the entire understanding and
<br /> agreemen� ❑f�he part�es as ta �he matters set forth fn this Deed ❑�f Trust. No alterati�n of ❑r amendment to this
<br /> Deed af T�ust shall be effec�i�e unless gi�en in wri�ing and signed by th� party or parties sought t❑ be charged or
<br /> bvund by the alterafiion�r amendment.
<br /> Annual Reparts. �f �he Pr�per�y is used �o� purposes ofiher than Trustar's res3dence, Trustor shall �urnish t❑
<br /> Lende�-, upon request, a certified statemen� ❑f net ape�ating income recei�ed from the Property during Trusfior's
<br /> pre�ious tiscal year in such �arm and detail as Lender shafl require. "Net operating in�ome" shall mean a�� cash
<br /> �eceipts�Frvm the Property[�ss all cash expendi�ures rnade in cannection with the operation o#the Property.
<br /> Cap#Eon Head�ngs. Captivn headings in this Deed of Trust are for con�enience purp�ses only and are not �a be
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