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2� 1 ��5487
<br /> DEED C]F TRUST
<br /> ��ontinued} Page 8
<br /> make exp�ndi�ures ar to �ake a�tion to perform an obligation of Trustor under�his Deed af Trust, after Trustor`s
<br /> failure to per#orm, shalf not affect Lender's right�o declare a default and exercise its�emedies.
<br /> Request for Notice. Trustor, on behal�of Trustor and Lender, herehy requests�hat a copy of any Notice of Defaul�
<br /> and a copy of any No�ice of Sale under this Deed of Trust be mailed to them a�th� addresses set fo�h in �he first
<br /> paragraph o��his Deed of Trus�.
<br /> Afforneys' Fe�s; Expenses. [� Lender institu�es any suit or action to enfor�e any of the terms of this Deed of
<br /> Trus�, Lender shall be en�itled ta recover such sum as the court may adjudge reasanab�e as at#orneys' fees at trial
<br /> and upon any appeal. Whe#her ar not any court action is inWol�ed, and �a the exten� no� prohib�ted by �aw, all
<br /> reasanable expenses Lender �ncurs that in Lender`s opinion are necessary af any time for the protection of �ts
<br /> inter�s�or the enforcemen�vf i�s r�ghts shall became a part❑f the �ndebtedness payable on demand and shall bear
<br /> interes�at th� No�e ra�e from the dafe o��he expend�ture unti� �epaid. Expenses covered by this paragraph include,
<br /> withou� limi�at�on, hawe�er sub��ct to any �imits under appli�able law, Lender`s at�orneys' fees and Lender's �egal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankrup#cy proceedings
<br /> ��ncfuding efforts�o modi�y❑r vaca�e any au��matic stay o�-�n�unction}, appeals, and any antic�pated past judgment
<br /> collection services, the cost of searching records, obtaining ti�le reports �including foreclosure reports}, sur�eyors'
<br /> reports, and appraisal fees, title �nsurance, and fees far �he Trustee, to the extent permitted by applicable �aw.
<br /> Trusto�-als❑wi�l pay any cou�#c�sts, in addifion to a�l other sums pro�ided by law.
<br /> Rights of Trustee. Trus�ee shall have all of�he rights and duties of�ender as set forth in this sec�ion.
<br /> P�WERS AND �BLl�ATtDNS �F TRUSTEE, The fallowing pro�isions relating to the powers �nd obligations of Trustee
<br /> are part o��his Deed of Trust:
<br /> Pawers of Trustee. In additfon�o a�l pawers af Trus#ee arising as a matter of law, Trustee shall ha�e the pawer�o
<br /> take #he foliowing actions wi�h respec�to�he Property upon the written request of Lender and Trustv�-: �a}jo�n �n
<br /> pre�aring and filing a map or plat of the Real Property, includ�ng the dedi�ation of streets or other rights to the
<br /> public; �h} join in gran�ing any easement or creating any restri�tion on the Real Property; and �c} join �n any
<br /> subordinatian or other agreemen�aff�cting this Deed af Trust ar the interest�f Lender under this �eed of Trust.
<br /> T�ustee, Trustee shall meet all quali#ications required for Trustee under applicable law. �n addit�on �❑ the rights
<br /> and remedies se# fvr�h abave, with respec�to all or any pa�t o�the Praper�y, the Trustee shal� have the right to
<br /> foreclose by noti�e and sale, and Lender sha�l have the righ�ta forec[ose by judicial foreclasure, in either case in
<br /> accardance wi�h and�o the fu�l extent pro�ided by app[icable law.
<br /> 5uccessvr Trusfee. Lender, at Lender's opt�on, may from time �o t�me appoin#a successor Trus�ee to any Trustee
<br /> app��nted under this Deed af Trus� by an instrument executed and acknow(edged by Lender and recorded in the
<br /> o�fice of the recorder of HALL County, Sta�e of Nebraska. The instrument shal� contain, in addi�ion to all other
<br /> mat�ers required by state law, the names of the �riginai Lender, Trus�ee, and Trus�or, the b�ok and page {or
<br /> computer system reference} where this Deed of Trust �s recorded, and �he name and address of the successor
<br /> trustee, and the instrument shall be executed and a�knowledg�d by all the beneficiar�es under this Deed af Trus�or
<br /> �heir successors in in��res�. The successor�rus#ee, withaut con�eyan�e of the Prope�ty, shal� succeed �❑ all the
<br /> #itle, power, and duties conferred upon the Trustee in this ❑eed o�Trust and by applicable law. This pr-ocedure for
<br /> subs�i�ution of Trus#ee shall go�ern�o�he ex��usion ofi al�othe�r pro�isians for substitu�ian.
<br /> NOT[CES. Any notice required to be given under�his Deed of Trust, inc�uding without lim�tation any no�i�e of de�ault
<br /> and any not�ce af sale shal[ be gi�en in writing, and sha(I be effecti�e when actually deli�ered, when ac�ual[y rec�i�ed
<br /> by telefacsimile�unless othen�vise required by iaw},when depos�ted with a nationally re�o�nized o�ernight�ourier, o�-, if
<br /> mailed, when deposi�ed �n the Llnited States ma��, as firs��lass, �e�tified or registered ma�! postage prepaid, directed �a
<br /> the addresses shown near the beginning of this Deed of Trust. AI� c�pies of no��ces of foreclosure f�-om the holder of
<br /> any lien which has priority over th�s Deed vf Trust shal� be sent�o Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any party may change �ts address for notices under this Deed of Trust by gi�ing formal written
<br /> notice to �he ath��- parties, specifying that �he purpose ❑f the n�tice is ta change �he party's address. For no�ice
<br /> purposes, Trustor agrees to keep Lender�nfarmed a� all times of Trustor's current address. Llnless ❑therwise pro�ided
<br /> or required by law, �f there is more than ❑ne Trusto�, any no��ce gi�en by Lender�o any Trustor is deemed t❑ be notice
<br /> given to al[Trustors.
<br /> M[SCELLANE�US PROV[S[�NSt The follotrving misce�laneous pro�isions are a part of�his Deed af Trust;
<br /> Amendments. This Deed of Trust, �age�her wi�h any Related Documents, �onst�tutes the en�ire understanding and
<br /> agreemen�vf the part�es as to the matters set for#h in this Deed of Trust. N❑ al�eration of or amendment to this
<br /> Deed of Trust shall be effecti�e unless gi�en �n writing and s�gned by the party or parties sought'to �e charged or
<br /> bound by�he altera�ion or amendment.
<br /> Annual Report$, lf the Proper�y is used for purposes other than Trustor's residence, Trus�or shalf furnish to
<br /> Lender, upon reques�, a certified statement of ne� operating income re�ei�ed f�am the Prap�rky durin� Trustor's
<br /> pre�ious fiscal year in such form and detai� as Lender shall require. "Net oper�ating incvme" shall mean all cash
<br /> receip�s fram�he P�ope�ty less all cash expenditures made in connec#ivn with the operativn of the Prope�ty.
<br /> Caption Headings. �ap�ion headings in this Deed af Trust are far con�enience purposes an�y and are not �a be
<br /> used to�nterpret or define the pro�isions of this Deed of Trust.
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