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2� 1 ���� 1 � <br /> DEED �F TRIJST <br /> �Conti n ued} Page 7 <br /> �nterest at �he Credit Agreement rate frflm the date of the expenditure until repaid. Expenses co�ered by this <br /> paragraph include, withaut i�mitation, howe�er subject t� any limits under applicabfe 1aw, Lender's attorneys' fees <br /> and Lender's legal expenses, whether or not there is a lawsuit, �ncluding attorneys' fees and expenses far <br /> bankruptcy praceedings {including e�forts ta modify or�aca�e any automatic stay or injunction}, appeals, and any <br /> anticipated pos��udgment caf�ection serviCes, the �ost of sea�ching records, obtaining ti#le repor�s �including <br /> fareelosure reports}, sur�eyors' reports, and appraisal fees, ti�le insurance, and fees for the T�us�ee, �o�he extent <br /> permitted by applicabfe law. Trustor also wi�l pay any cau�t casts, in addition�a a1f o�her sums pro�ided by law. <br /> R�ghts of Trus�ee. Trustee sha�l have all of the rights and du�ies of Lender as set fiorth in fhis section. <br /> POVIlERS AND �BLIGATI�NS �F TRUSTEE, The fol�ow�ng pro�isians relating tv the powers and ob�igations of Trus�ee <br /> are part of this C]eed af Trus�: <br /> Powers of Trustee. �n additi�n to al[powers of Trustee arising as a ma�ter v�'law, Trustee shall have th� power ta <br /> take the following actions wi�h respect to �he Property upon the writ�en request of Lender and Trustor: �a}join in <br /> preparing and filing a map o� pfa� o�the Real Prope�ty, incfuding the dedicat�on a�s�reets or a�her rights to the <br /> pub�ic; �h} jQin in granting any easement or creating any restriction on the Reaf P�ope�ty; and �c} join in any <br /> subordina��on or other agreemen�affecting this Deed of Trust or the interest of Lender unde�this Deed a�Trust. <br /> Trustee. Trus�ee shali meet aIl quali�ications required far Trus�ee under applicable law. In addition to the rights <br /> and remedies set �'arth above, w�th respec��a a1f or any part o�the Prope�ty, �he Trustee shal� have the righ� to <br /> �oreclose by not�ce and sale, and Lender wil! have the right to foreclose by judicia� for�c�asure, in either cas� in <br /> accordance wi�h and#v�he�ul�extent provided by applicable law. <br /> Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee ta any Trustee <br /> appointed under this Deed of Trus� by an instrument executed and acknowfedged by Lender and recorded in the <br /> offce of�he recorder o� HALL �oun�y, State o� Nebraska. The instrument shal[ cantain, in addition to a!I vther <br /> ma�t�rs required by s�a�e law, the names of the original Lende�, Trustee, and Trustor, the baok and page (or <br /> camputer system reference} where this Deed �� TCUSt 15 recorded, and the name and address of the successor <br /> trus�ee, and�he�nstrument shal� he execut�d and acknowfedged by al!the beneficiaries under this ❑eed of Trus�o� <br /> their successors in �nterest. The successor trustee, withou� con�eyance o��he Proper�y, shall succeed to al[ the <br /> ti�{e, power, and duties confer�ed upon the Trustee in this Deed of Trus� and by applicab[e law. This procedure fa� <br /> substitu��on o€Trustee shall ga�ern to�he exclusion of al�other pro�is�ons for substi�utian. <br /> NOTIGES. Any n�tice required ta be gi�en under this ❑eed of Trust, including without limitatian any no�ice of default <br /> and any no�ice of sale shall be gi�en in w�-ifing, and shall be effec�i�e when actually delivered, when ac�ually received <br /> by te�efacsimile �unless otherwise required by �aw},when deposited with a nationally recagnized o�ernight courier, or, if <br /> mailed, when dep�sifed in the Uni�ed States mail, as�irst class, ce�tified or registered mai� postage prepaid, direcfed fo <br /> the addresses shovun near the beginning of this Deed o�F Trust. A�I copies of no��ces of foreclosure from the hofder�f <br /> any lien which has priority o�er th�s Deed ��Trus� shal[ be sent to Lender's address, as shown nea�the beginning �f <br /> �his Deed flf Trus�. Any person may change his or her address �or notices under this Deed af Trust by gi�ing farmal <br /> written notice �o �he o�he� person or persons, speci�yEng that �he purpose of the notice is to change the person's <br /> address. For na�ice purposes, Trus�ar agrees ta keep Lender infarmed at all �imes v�Trus�or's current address. Unless <br /> otherwise pro��ded or required by �aw, if there is more than on� Trustor, any notice gi�en by Lender to any Trustor is <br /> deemed to be notice gi�en to a!I Trustors. It wi11 be Trus�or's respansibi�ity��te1�the other�s of�he natice fram Lend�r. <br /> MISGELLANE�US PR�V1S10NS. The following mis�eflaneous pra�isions are a part�f th�s Deed af Trus�: <br /> Amendmenfs. Wha� �s wr-i�ten in this Deed o�Trusf and �n the Related Documents is Trustor's en�ire agreement <br /> with Lender concern�ng the ma�ters c��ered by this Deed o�Trust. To be ef�ec#ive, any change or amendment�v <br /> this Deed vf Trust must be in wrifing and must be signed by whoe�er wiil be bound or ob�igated by the change or <br /> amendment. <br /> Caption Headings. Caption headings in this Deed of Trust are �or con�enien�e purposes only and are no� to be <br /> used�a �nterpret or define�he p�o��sions o�f this Deed of Trus�. <br /> Merger. Th�re shal� be no merger of the interest or esta�e created by this Deed of Trus�with any other in�eres�or <br /> estate in the Proper�y at any�ime held by o��or the bensfit af Lender in any capacity, wi�hout�he written consent <br /> of Lender. <br /> Governing Law. Th�s Deed af Trust wi[� be go�erned by fed�ra� law applicahle ta Lender and, to the exfent not <br /> preempted �y federai law,th� [aws of the 5tate of Nebraska wi�hou�regard t❑�ts conflicts of law pra►►isions. This <br /> Deed �f Trust has been accep�ed by Lender in the 5tate o�N�braska. <br /> No 1J1lai�er hy Lender. Trustor understands Lender wil� no�gi�e up any of L�nde�'s righ#s under this Deed of Trust <br /> unless Lender does so in writEng. The fact that L�nder delays or omits to exercise any righfi will no� mean �ha� <br /> Lender has gi�en up �ha� right. �f Lender does agree in writ�ng ta give up ane of Lender`s righ�s, that does no� <br /> mean Trustar will na� have to comply with �he other pra�isions of this Deed of Trust. Trustor also understands <br /> that if Lender does consent #o a request, tha� does not mean �ha� Trustor wi11 no� have �a get Lender's consent <br /> again if#he situa�ion happens again. Trustar fu�ther understands�hat jus�because Lender cansents to one or mare <br /> of Trustor's requests, tha� does nat mean Lende�wii� be �equ��ed fo consen�to any o�Trus�or`s fufure requests. <br /> Trustor wai�es presentment, demand far payment, prntest, and notice af dishonor. <br />