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2� 17���82 <br /> DEED �F TRUST <br /> Laan Nn: ��'i 3��y86 {Continued} Page 8 <br /> Request�or Notic�. Trustvrf �n beha[f ofi Trus�or and Lender, hereby requests that a cvpy afi any Notice of Defaul� <br /> and a copy of any No�ice �#5ale under this Deed o�Trust be mailed ta them afi the addresses set forth �n�he�first <br /> paragraph ot fihis �eed�t T�ust. <br /> Attvrneys' Fees: i�xpenses. l� Lender institutes any sui� or action tv enf�rce any of the terms ❑f �his Deed ❑f <br /> Trust, Lend�r shali be ent�t��d to reco�er such sum as the court may adjudge reasonab[e as attorneys' fees at�riaf <br /> and upon any appeal. V�Ihether ❑r not any court action is in�ol�ed, and to the extent not prahibited by [aw, a[f <br /> reasonahle expenses Lender incurs that in Lender's opinion are necessary at any time �or the p�otection o� its <br /> interest or the en�arcement of i�s righ�s sha[[ be�ame a part ot the lndebt�dness payabEe on demand and sha[[ hear <br /> interest at the Nate rat�trom�he date of the expenditure until repaid. Expenses co��red by this parag�aph inc�ude, <br /> without �imifiation, howe�er subject to any [imits under applicab[e [aw, Lender's attorneys' fees and Lender's �egal <br /> expenses, whether or not there is a iawsuit, including atfiorneys' fees and expenses far bankruptcy praceedings <br /> {including efforts t❑ m�di�y�r�acat� any automatic stay or injunction�, appeals, and any anticipated posfi-jud�ment <br /> coiiectivn ser�ices, the cos� o�F searching re�ards, �btaining title r�ports {�nciuding fvreclasure reports}, sur�eyors' <br /> repo�ts, and appraisal �ees, �itle insurance, and fees for the Truste�, t❑ the extent permitfied by applicable iaw. <br /> Trustor als❑ ►nrill pay any court costs, in addifiion to al[❑ther sums prov�ded �y law. <br /> Rights of Trustee. Trustee shall ha�e all af the rights and duties o�Lender as set forth in this section. <br /> P�WERS AND DBLiGATIDNS 4F TRUSTEE. The �v�lowing pro�isions re�ating to the powers and ob�igations of Trus�ee <br /> are part a#this Deed of Trust: <br /> Pow�rs vf Trustee. In additi�n to all powers o#Trustee arising as a matter of law, Trustee shall ha�e�he power t� <br /> take the following actions with respect to the Property upon�he wr3tten request of Lender and Trustor-: {a} join in <br /> preparing and filing a map ❑r plat of the Real Praper�y, including #he dedicati�n at streets or ather rights to the <br /> public; �by join in granting any easemen� or creating any restric�i�n on fihe Real Prop��ty; and �c} �ain in any <br /> sui�ordinatian❑r v�ther agreem�nt affecfiing�his Deed o�Trust�r the interesfi❑f Lender unde�this aeed of Trust. <br /> Trusfee. Trustee shall meet a[f qualifications required �or Trustee under app�icab�e law. In addition �❑ the rights <br /> and remedies set forth abo�e, wi�h respe�t tv all �r any par� ❑f the Property, the Trustee shall ha�e the right �o <br /> �ore�lose by nofiice and sale, and Lender shall ha�e the righ� �o fa�-e�lvse by�ud�cial forecl�sur�, in ei�ther �ase in <br /> ac�ordan��with and to the fu[f extent prv�ided by app[icable law. <br /> 5uccessor Truste�. Lender, at Lender's op�ion, may from time to time appoint a successvr Trustee ta any Trustee <br /> appointed under this Deed of Trust by an ins�rument executed and acknow[edged by Lender and recflrded in th� <br /> ot�i�e of the recorder of HALL Counfiy, State v� Nebraska. The �nstrument shall con�ain, in addition �o al[ other <br /> matters requi�ed f�y state law, �he names of the ariginai Lende�, Trust�e, and Trustor, the book and page {or <br /> compu�er system referen�e} where this ❑eed of Trust is recorded, and the name and address af �he successor <br /> trusfiee, and the instrument sha[I be executed and acknowledged by all the beneficiaries under this Deed of Trust or <br /> their successors in interest. The succ�sso�trust�e, without �on�eyance of the Property, sha[E succeed �o all the <br /> titie, power, and duties �onferred upon the T�ustee in this Deed of Trust and hy applicable �aw. This procedure far <br /> substitutian of Trustee shall go�ern t❑�he exclusion o�aEE other pro�isions for substitution. <br /> N�TICES. Any notice required to be gi�en under this ❑eed o�Trust, including w�thau� limitatian any na�ice of de�ault <br /> and any nvtice o�sale shalj be gi�en in writing, and shall be e��ecti�� when actually de[i�ered, when actual[y re�ei�ed <br /> by�elefacsimi[� �unless otherwise requ�red by law}, when d�posited wifih a na�ianally re�ognized ❑�ernight courier, or, it <br /> mailed, when deposited in the �nited States mail, as first class, certified ar registered mai[ posfiage prepaid, directed t❑ <br /> the addresses shown near the beginning of this De�d af Trus�. All capies ❑f notices vf fore�losure '�rom the h�lder ❑f <br /> any (ien which has priori�y v�er this Deed of Trust sha[I be sen� �❑ Lender's address, as shown near �he beginning of <br /> this Deed of Trust. Any party may change its address for notices under this Deed of Trust by gi�ing �ormal wri�ten <br /> notice ta the oth�r parties, specifying that the purpose o� the no�ice is t� �hange the party's address. Fvr na�ice <br /> purposes, Trust�r agr��s �o keep Lender in�armed at al[ times v�Trustor's current address. Unless otherw�se pr��ided <br /> �r required by law, it tl�ere is more than one Trustar, any notice gi�en by Lender�a any Trustor is deemed t❑ be n�tice <br /> gi�en to a1!Trustors. <br /> IIriISGELLANEDUS PR�VISl�NS. The�o�lowing misce[[ane�us pro�isions are a par�of this Deed ❑f Trust: <br /> Amendments. This [3eed of Trust, �ogether with any Re[ated Documents, c�nstitu�tes the entire unders�anding and <br /> ag�eement of the par�ies as ta the matters set forth in this Deed ❑f Trust. N❑ alfieration of or amendment ta this <br /> Deed ❑�Trust shal[ be e##ec�i�e unless gi�en in writing and signed by fihe party ❑r parties saught to be charg�d ❑r <br /> baund by the alteration ar amendmen�. <br /> Annua� Repor#s. lf the Praperty is used for purposes ❑ther than T�ustvr's residence, Trustor sha[I furnish to <br /> Lende�, upvn req�.tesfi, a cert���ed statement ❑f net operating inc�me r�c�i�ed �rom the Pr�perty during Trustor's <br /> pr��ious �iscaf year in such form and detail as Lender shall requ€re. "Nefi vperating income" shall mean a[[ cash <br /> receipts trflm fihe Property less al[ cash expenditures made in cnnnect;on with the operati�n o�the Praperty. <br /> Caption Headings. Caption headings �n this Deed nf Trust are for cvn�enience purposes only and are not to be <br /> used ta int�rpret or define the pro�Esions ❑f�his De�d of Trust. <br /> Merger. There shall be nv merger❑f the interest or estate �reated by this Deed ❑f Trust with any�ther interest❑r <br /> es�ate in the Prope�ty at any t�me heid by or for#h� benefit❑f Lend�r in any capacity, without fihe wri��en consent <br /> of Lender. <br />