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2� 17��272
<br /> vEE� oF -rRus-r
<br /> Loan No: 'I�13�'i�72 ��ont�nu�d� Page 8
<br /> make exp�nditures ❑r to take action to perform an abligation vf Trustar under this Deed of Trust, after Trustvr's
<br /> failure ta perform, shall nflt affe�t L�nd�r's right�v d�clare a default and ex�rcise its remedies.
<br /> Request for Notice. Trustor, an behalf o#Trustflr and Lender, hereby r�quests that a copy of any Notice of Default
<br /> and a copy of any Natice af Sale under this Deed of Trust be mailed to them at the addresses set far�h in the first
<br /> paragraph❑f this Deed v�Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit vr actian to enforce any of the terms o� this Deed of
<br /> Trust, Lender shall be entitled ta reca�er such sum as the court may adjudge reasonable as attvrneys' fees at trial
<br /> and upon any appeal. Whether or not any court a�tian is in�ol�ed, and ta the extent nat prahibited by law, all
<br /> reasvnable expenses Lender in�urs that in Lender's opinion are necessary at any time for the protectian of its
<br /> inter�st vr the enfvrcement af its rights shal� becvme a part o�th� Indebtedness payable on demand and shall bear
<br /> interest at the Note rate �ram the date of�he expenditure unt�l r�paid. Expenses co�ered by this paragraph include,
<br /> without limitation, howe�er suhject to any limi�s under applicab�e law, Lender's attorneys' fees and Lender's iegal
<br /> expenses, wh�ther ❑r not there is a lawsuit, inGfuding attarneys' fees and expenses fo� bankruptcy proceedings
<br /> �inc�uding effarts to madify❑r�a�ate any automatic stay nr inSunctian�, appea�s, and any anticipated p�st-Sudgment
<br /> �oll�ction ser�ices, the �vst �f searching recatds, obtaining title reports �including far�clasure reportsy, sur�eyors'
<br /> reparts, and appraisa� fees, titE� insurance, and fees for th� Trustee, tv the extent permitted hy applicahle law.
<br /> Trustor aisa wi�! pay any court costs, in addition to afi other sums pro�ided by�aw.
<br /> Rights o#Trustee. Trustee shall ha�e all ❑f the rights and duties of Lender as set�ar�h in this section.
<br /> POVIIERS AND �BLlGATIpNS QF TRlJSTEE. The �ollowing prv�isians relating t❑ the powers and ob�igations af Trust�e
<br /> are part of this Deed vf Trust:
<br /> Powers vf Trustee. In addition to all pawers vf Trustee ar�sing as a matter of law, Trustee sha�l ha�e the pow�r ta
<br /> take the fo�iowing actions with respect to the Prop�rty upon the written request of Lender and Trustor: �a} join in
<br /> preparing and filing a map ❑r piat ❑f the Real Praperty, including the dedica�ion of streets ❑r ❑ther rights to the
<br /> public; �b} jvin in granting any easement or creating any restrictivn on the Real Proper#y; and �c} j�in in any
<br /> subordination or other agreem�nt aftecting this Deed a#Trust or the interest of Lender under th�s Deed of Trust.
<br /> Trustee. Trustee shall meet all qualificativns r�quired for Trustee under applicabie law. In additian to �he rights
<br /> and remedies set forth aba�e, with respect ta all ❑r any par� af the Property, the Trustee shall ha�e the right to
<br /> �orec�vse by no�ice and sale, and Lender sha�� ha�e the right t❑ foreclase by judi�ial fareciosure, in ei�her case in
<br /> acc�rdance with and to the full extent pra�ided by appli�able law.
<br /> Successor Trustee. Lender, at Lender's vption, may from time �o time appoint a successt�r Trustee t❑ any Trustee
<br /> appointed under this Deed ot Trust by an instrument executed and acknawledged by Lender and recorded in th�
<br /> vffic� �f the recorder of HALL Cvunty, State af Nebraska. The instrument shall c�ntain, in additian to al! other
<br /> matters required by state law, the nam�s of the original Lender, Trustee, and Trustor, the book and page {or
<br /> computer syst�m reference� where this Deed of Trust is recorded, and the name and address of the suecessor
<br /> trustee, and the instrument shall be �xecuted and acknawledged by all the bene�i�iaries under this Deed of Trust or
<br /> their su�Gessars in interest. The successor trustee, withvut con�eyance af th� Property, shal� succeed to all the
<br /> title, pawer, and duties conferred upan the Trustee in this Deed ❑f Trust and by applicak�le law. This procedure for
<br /> substitution af Trust�e sha�! ga�ern t❑the�xclusion❑f all other pro�isi�ns for substitut�on.
<br /> NDTfCES. Any n�tice required to b� gi�en under this ❑eed of Trust, including withaut limitativn any nvtice of default
<br /> and any notice �f sale sha�l be gi�en in writing, and shall be effecti�e when actual�y deli�ered, when actually recei�ed
<br /> hy telefacsimi�e {unless c�therwise required hy lawy, when dept�sited with a nativnally recognized a�ernight courier, ar, if
<br /> mailed, when deposited in the United States mail, as first class, certified ❑r registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning �f this Deed of Trust. All Gvpiss af notices of foreclosur� from the holder �f
<br /> any fien whi�h has priority ❑�er this ❑eed ❑f Trust shall he sent to Lender's address, as shawn near the beginning of
<br /> this [�eed of Trust. Any party may change its address for nvtices under this ❑eed of Trust by gi�ing formal written
<br /> natice tv the other parties, specifying that the purpose af the natice is t❑ change ths party's address. For n�ti�e
<br /> purpos�s, Trustvr agrees to k��p L�nder infarm�d at all tim�s of Trustor's Gurrent address. lJnless otherwise pro��ded
<br /> ar required by law, if there is more than on� Trustar, any notice gi�en by Lender t❑ any Trustor is deemed to be notice
<br /> gi�en to a��Trustors.
<br /> MISCELLANE�US PR�VISIONS. The following mis�ellan�ous pro�isians ar� a part of this Deed of Trust:
<br /> Amendments. This D�ed nf Trust, tag�th�r with any Related Documents, �anstitutes the entire understanding and
<br /> agreement of the parties as tv the matters set forth in this ❑eed c�f Trust. No alteratton af ar amendment to this
<br /> Deed of Trust shall be effecti�e unless gi�en in writing and signed by the party or parti�s sought to be charged or
<br /> �ound by the alteration ar amendment.
<br /> Annual Reports. It the Property is used far purposes other than Trustar's resFdenGe, Trustor shall furnish to
<br /> L�nder, upon request, a certified statement of net aperating income recei�ed #rom the Praperty during Trustvr's
<br /> pre�iaus fiscal year in su�h form and detail as L�nder shaff requir�, "Net operating incame" shall mean all cash
<br /> receipts from th� Pr�perty less all cash expenditures made in connecti�n with the vperation of the Property.
<br /> Caption Headings. �aptian headings in this Deed of Trust are far can�enience purposes ❑nly and are not to be
<br /> used to tnterpret ar define �he pro�is�ons of this ❑e�d ❑f Trus�.
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