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2� 1 ��5774
<br /> �EED �F TRUST
<br /> L�an Nv: ��1�97959 �Cnnt�nued� Page 8
<br /> Request for No#ice. Trustor, on behal�of Trustor and Lender, hereby requests that a �vpy�€any No�ice ❑f De�ault
<br /> and a capy of any No�ice o�Sale under this Deed ❑f Trust be mailed �o them at the addresses set forth in the �irst
<br /> paragraph of this Deed ❑fi Trust.
<br /> Attorneys` Fees; Expenses. lf Lender institutes any suit or a�tion ta enforce any of the terms of this Deed of
<br /> Trus�, Lender shall be entit�ed to reco��r such sum as �he caurt may ad�udge reasonabEe as a�torneys' fees a�trial
<br /> and upon any appea[. Whe�her or not any caurt action is in�o[�ed, and to the exfen� no� prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinian are necessary a� any time far the pratection vf �fis
<br /> interesfi or th�enforcement of i�s r�ghts sha[f become a par�of�he [ndebtedness payabE� on demand and shall bear
<br /> interest afi th� Note rate from the da�e❑f the expenditure unt�l repaid. Expenses co��red by this paragraph include,
<br /> wEthou� limitatian, hawe�er subject to any [imits under applicable law, L�nder's attarneys' fees and L�nder's lega[
<br /> �xpenses, whe�her ❑r not �her� is a Eawsuit, inc[uding at�orneys` fe�s and expens�s fior bankrupficy proceedings
<br /> {including ���orts to modify or�acate any automatic stay or injunction}, appeafs, and any anticipafi�d pos�-judgment
<br /> coE�ec��on servic�s, the cast of searching re�ords, obta�ning title reports {inc[uding forec[asure repvrts}, surveyvrs'
<br /> reports, and appraisa[ te�s, title �nsurance, and t�es for the Trustee, to th� ex�ent p�rmi�ted by applicable law.
<br /> Trustor alsa wiI[ pay any cvurfi costs, in addi�ion to aIl other sums pro�ided by law.
<br /> Riyhts of Trustee. Trustee shall ha�e al� of the rights and duties ❑�Lend�r as set farth in this se��ion.
<br /> PQVI�ERS AND �BLIGATI�NS �F TRUSTEE. The �Fallowing pro�isions relating �o the powers and obligations ❑f Trustee
<br /> are parfi of this ❑eed of Trus�:
<br /> Powers of T�ustee. �n additian ta all pawers af Trustee arising as a ma�ter of law, Trustee shall ha�e th� power t❑
<br /> take th� fol[owing actians with �espect to the Property upon �he written request af Lender and Trustor: �a} jain in
<br /> preparing and filing a map ❑r p�at af th� Real Property, incfuding the dedication ❑f stree�s ar other rights t❑ �he
<br /> puhlic; �by join in granting any easement vr creating any resfiricfiivn on the Real Property; and �c� join in any
<br /> subordinativn❑r other agreement a�fe�ting this ❑eed❑f Trust or the interest of Lender under this �eed�f Trust.
<br /> Trustee. Trustee sha[[ mee� al[ qualificativns required far Trustee under app[icabie law. [n add�tion t� the rights
<br /> and remedies set for�h abo�e, wi�h resp�ct ta alf ❑r any part ❑# the Property, the Trustee shall ha�e the right to
<br /> forec[ase by notic� and sale, and Lender shall ha�e the right ta fvrec��se hy�udic�al fvrecl�sure, in eith�� case in
<br /> accvrdance wifih and to the fu[[ext�nfi pra�ided by applicable law.
<br /> Successvr Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee tv any Trustee
<br /> appointed under this Deed of Trust by an ins�rument exe�u�ed and a�know[edged by Lender and recorded in �he
<br /> offi�e ❑� the recorde� of HALL �vunty, State o# Nebraska. The instrument shal[ con�ain, in addition t❑ all other
<br /> matters required by sta�e [aw, �he names o� the ❑riginai Lender, Trustee, and Trusto�-, th� �ook and page {a�
<br /> computer sysfem reference� where this ❑eed a� Trust is recorded, and the name and address ❑t the successor
<br /> trustee, and the Enstrument sha[[ be executed and acknaw�edged }�y a[�the beneficiaries under th�s ❑eed ❑f Trus�or
<br /> �heir successars in �nter�st. The successor trustee, wi�hvut con�eyance af the Property, sha�� succeed �o a[i the
<br /> ti�le, power, and duties conferred upon�he Trustee in this Deed of Trust and by applicable law. This procedu�-e for
<br /> substitu�ion a#Trustee shall go�ern t❑�he exciusion of all ❑ther pro�isions for substitution.
<br /> NOTI�ES. Any notice requErgd t� be gi�en under this Deed of Trust, incEuding without [imitation any natice of defau[t
<br /> and any notice ❑f sa[e sha[[ be gi�en En writing, and shal[ be effecti�e when actually de[i�e�-ed, when ac�ually recei�ed
<br /> hy telefiacsimile �un�ess ofherwise required by [aw}, when deposited wi�h a na�ionally recogni�ed ❑�ernight courier, ❑r, if
<br /> mailed, when deposited in the United Stafies mai�, as first�lass, certiti�d or�-egistered mai! pvs�age prepaid, directed to
<br /> the addresses shown near the beginning af this Deed ❑f Trust. All copies of notices vf forec[osure fram the halde�r ��
<br /> any lien which has pri�rity vver this Deed of Trust shall he sent �o Lender's addressf as shown near the beginning of
<br /> this aeed of Trust. Any party may change its address far notiGes under this Deed of Trust by gi�ing forma! wr�tten
<br /> n�fiice �a the �ther par�ies, specifying tha� the purpase af the na�ice is tv change �he party's address. For noti�e
<br /> purposes, Trustor agrees t❑ keep Lender infarmed at all times ❑f Trustor's current address. Unless a�herwise pro�ided
<br /> ar required by iaw, if there is more than one Trustar, any nntice gi�en by Lender tv any Trustor is deemed ta be no�ice
<br /> gi�en t❑ a[[Trustars.
<br /> IVI�SCELLANE�US PRt3VISiC]NS. Th�following miscellaneaus pro�isions are a part of this Deed �fi Trust:
<br /> Amendmen#s. This ❑eed at Trust, together with any Related Documents, canstitutes the entire understanding and
<br /> agreemenfi vf the parfiies as t� the matters set forth in this Deed of Trust. N❑ a[�eration ❑f or amendment fio th�s
<br /> Deed of Trust sha[[ be effec#i�e un�ess gi�en in writing and signed by fihe party or parties sought#o be charged or
<br /> bound by the alteratian❑r amendment.
<br /> Annual Repvrts. ff the Prvperfiy is used �or purposes other than Trus�or's residence, Trustor sha[[ furnish ta
<br /> Lender, up�n request, a cer�ified statement ❑f net operating income recei�ed from th� Pr�perty during Trustvr's
<br /> pre�iaus fiscai year �n such ���m and detai� as Lender shall requ�re. "Net operating incvme" sha�� mean a[[ cash
<br /> receipts�rom the Pr�perty[ess all cash expendi�ur�s made En connection with the operation vf th� Praperty.
<br /> Captivn Headings. Caption headings En this Deed ❑f Trust are far �on�en�ence purposes ❑nly and are nat t❑ be
<br /> used tfl interpret❑�define the prv�isions v�this Deed of Trust.
<br /> Merger. There sha�E be no merger o�the interest or estate created by this Deed af Trust with any ather inte�est❑r
<br /> estate in the P�-vperty at any time he[d by or�or the bene�Et af Lender in any capa�ity, w�fihou�the wri��en cvnsent
<br /> v�L�nder.
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