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2� 17��8�7
<br /> DEED �F TRUST
<br /> t�onti n ued} Page ?
<br /> Attorneys' Fees; Expenses. If Lende� �ns�i�u�es any sui� ar action to en�orce any vf the �erms o�this Deed o�'
<br /> Trust, Lende�sha�i be entitled to re�o�er such sum as the cou�t may adjudge reasonabl� as attorneys' fees a�trial
<br /> and upon any appeal. Whether ar na� any �ourt a�#ion is in�ol�ed, and to the extent not prohibited by law, all
<br /> r�asonable expenses Lender incurs tha� in Lender's apinian are necessary at any time far �he protectian of i�s
<br /> in�erest or�he enforcement of its rights shall become a part of�he �ndebtedness payable on demand and sha�l bear
<br /> in�erest a� the Gred�t Agreement rate trom the date Qf the expenditure un�i� repaid. Expenses co�e�ed by �his
<br /> paragraph �nclude, withou�limitatian, howe�er subjec�ta any lirnits under applicab�e lavu, Lender`s attorneys' fees
<br /> and Lender's legal expenses, whether or n�t �here is a lawsuit, �ncluding attorneys' fees and expenses for
<br /> bankruptcy proceedings �inc�uding efforts ta modi�y vr�acate any automa�ic s�ay ❑r injunction}, appeals, and any
<br /> an#icipated post-judgment co1le�tion services, #he �ost af searching records, obtaining title reports �including
<br /> foreclosure repo�ts}, surveyors' repor�s, and appraisa[fees, �i�l� �nsurance, and fees for�he Trustee, to the extent
<br /> perm����d by applicable law. Trustor alsv wil� pay any court costs, in addition to a!I other sums provided by law.
<br /> Rights o�Trustee. Trustee shall ha�e all of the ri�hts and duties of Lend�r as se�f�rth in this section.
<br /> PQWERS AND aBLIGATI�NS OF TR�STEE. The fallowing pro�is�ons relating to the powers and obligations of Trus�ee
<br /> ar�pa�t of this Deed Qf Trust:
<br /> Powe�-s ��Trustee. In addition to a!�pawers t�f Trustee arising as a ma�#er of law, Trustee sha[! hav�the power to
<br /> take the follawing actions with respect to the Property upon the writ#en reques�af Lender and Trustor: (a}join [n
<br /> preparing and filing a map vr pla� of the Rea1 P�oper�y, including �he dedication of stree#s or other righ�s �o the
<br /> pub�ic; �b} jo�n in granting any easemen# ar crea#�ng any res�rict�on on the Real Proper�y; and �c} join �n any
<br /> subor�inat�on or ather agreement affecting this Deed o�Trust or the interest af Lender under this Deed o�Trust.
<br /> Trustee. Trusfi�e shali meet al[ qualifications required f�r Trustee under applicable [aw. ln add�tion to the rights
<br /> and remedies se� fvrth above, with respect to a�� or any pa�t o�th� Praperty, �he Truste� shall have the right to
<br /> foreclose by no�ice and sal�, and Lender wil� ha�e the righ� to �orec�ase by �udicia� foreclosure, in either case in
<br /> accordancs wi�h and to�he full extent provided by applicable law.
<br /> Successor Trus�ee. Lender, a# Lender's op�ion, may from time to��me appoint a successor Trustee tv any Trust�e
<br /> appointed under this Deed of Trus� by an instrument executed and acknaw[edged by Lender and recorded in the
<br /> offce of the �ecorder of HALL Gounty, Sta�e af Nebrask�. The ins�rument shall contain, in addition to a�l other
<br /> matters required by sta#e �a�v, the names of the original Lender, Trustee, and Trustor, the book and page �or
<br /> compute� system ref�ren�e} where fh�s ❑eed of Trust is recorded, and the name and address v�'the successor
<br /> trust�e, and�he instrument shall b�execu�ed and acknowledged by all#he beneficiaries under�his Deed of Trust or
<br /> their successors �n interest. The successar trustee, w��hout con�eyanc� of�he Property, shal� succeed to a�f the
<br /> #�tle, power, and dut�es conferred upon the Trus�ee in this Deed of Trust and by applicable[aw. This p�acedure for
<br /> substi�u��on af Trus#ee shafl go�ern to the exclusion of al[o�her provisions for subs�i�ut�on.
<br /> N�TICES. Any no#ic� required to be gi�en under�his Deed af Trust, including withaut limi�ation any no�ice of default
<br /> and any notice of sale shall be gi�en in wri#ing, and shal! be effect��e when actual[y deli�ered, when actually recei�ed
<br /> by te[e�'acsimile �unless o�henrv�se required by law�, when deposi�ed with a nationalfy rec�gnized o�ern�ght couri�r, or, i�
<br /> mailed, when deposi�ed in �he Uni�ed 5tates mail, as first class, certified or regis�ered mail postage prepaid, direc�ed to
<br /> the addresses shown near the beginning of this Deed o�Trust. A11 copies of natices o�'foreclasure from �he ho[der o�
<br /> any li�n which has pr�ority o�er this Deed o�Trust shall be sent to Lender's address, as shown near the beginning a�
<br /> �his Deed of Trust. Any pe�son may change his or her address �or nvtices under�his Deed flf Trus� by gi�ing formal
<br /> wriften natice �v the other person or persons, specifying that �he purpose of �he no�ice is t� change the person`s
<br /> address. For notic� purposes, Trustor agrees tv keep Lender informed at all times af Trustor's current add�ess. Unless
<br /> otherwise pro�ided or required by �aw, if there is more than one Trus#or, any no�i�e gi�en by Lender to any Trustor is
<br /> deemed tv be no�ice given t�all Trustors. It wili be Trus#or's responsibility�v tell the o�hers of�he notic�fr�m Lender.
<br /> �[SCELLANE�US PR�VISlaNS, The following m�scellaneous pro�isions are a part of this Deed of Trus�:
<br /> Am�ndments. What is writ�en in this Deed ❑�'Trust and i� the Related Documents is Trustor`s ent�re agreemen#
<br /> wi�h Lender concerning �he mat�ers ca�ered by this Deed of Trust. To be �ffecti�e, any change or amendment tv
<br /> this Deed a�Trust mus� be in wri#ing and mus� be signed by vuhoev�r will be bound o�obligated by the change or
<br /> amendment.
<br /> Cap�ion Hea�ings. Caption headings in this Deed of Trust are for con�enience pu�poses on�y and are no� to be
<br /> used to interpre�or define the pro�isions of this ❑eed o�Trust.
<br /> Merger, There shaf� be no merger of the interes�or estate created by th�s Deed of Trust with any other interest ar
<br /> estate in the Property at any time he�d by or for�he benef�of Lender in any capacity, without the wr�tten c�nsent
<br /> o#Lender.
<br /> Gvverning Law. This Deed o#Trus� w'r�l he gv�erned by �ederal law applicable to Lender and, t� �he exten# not
<br /> pr�empted by federal ta►nr,the laws of thQ 5tate of Nebraska w��hout regard �o its conflicts a#law pro�isions. Th`rs
<br /> Deed of Trus�has heen accepted by Lender�n the 5tate of Nebraska.
<br /> Joint and Se�erat Liability. All ob�igat�ons o�Trustor und�r �his Deed �f Trus� shal[ be joint and se�eral, and a�l
<br /> references �o Trusto� shal� mean each and e�ery Trus�ar. This m�ans tha� each Trustor signing below is
<br /> responsible for all obl�ga�ions in this Deed a�Trus�.
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