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<br />200110594 DEED OF TRUST
<br />Loan No: 34037 (Continued) Page 5
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by taw, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,' whether or not there is a lawsuit,
<br />including attorneys` fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),''
<br />appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, tine insurance, and fees for the Trustee, to the extent permitted by applicable law.' Trustor'
<br />also will pay any court costs„ in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Dead of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising, as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the public;; (b) join', in granting any easement' or creating any restriction' on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sate, and Lender will have the
<br />right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trusts& Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, State of
<br />Nebraska. The instrument shall contain, In addition to all other matters required by state law, the names of the original Lender, Trustee, and
<br />Trustor, the book and page (or computer system reference)', where this Deed of Trust Is recorded, and the name and address of the
<br />successor trustee,', and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their'
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by appWabfe law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered,' when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally' recognized overnight courier, or, #f mailed, when deposited in the united States mail, as first class, certified or
<br />registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,' as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Dead of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep; Lender
<br />Informed at all times of Trustor's current address.! Unless otherwise provided or required by law, if there is more than we Trustor, any notice
<br />given by Lender to any Trustor Is deemed to be notice given to all Trustors.' it will be Trustor's responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents Is Trustor's entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be
<br />sued by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings Caption headings In this Deed of Trust are for convenience; purposes only and are not to be used to interpret or define
<br />Me provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.'
<br />Governing Law. This Deed of Trust will tx
<br />Nebraska. This Deed of Trust has been aci
<br />Choice of Venue. If there is a lawsuit, Trus
<br />State of Nebraska.
<br />Joint and Severai Liability. All obligations c
<br />mean each and every Trustor. This means th
<br />No Waiver by Lender. Trustor understands I
<br />writing. The fact that Lender delays or omits'
<br />writing to give up one of Lender's rights, that
<br />Trustor also understands that it Lender does .
<br />again if the situation happens again.' Trustor
<br />that does not mean Lender will be required to
<br />protest, and notice of dishonor.
<br />Severabfiity. If a court finds that any provisl .
<br />that the rest of this Dead of Trust will not be s
<br />even if a provision of this Dead of Trust may t
<br />Successor's and Assigns. Subject to any fir
<br />binding upon and inure to the benefit of the pe
<br />other than Trustor,', Lender,' without notice to
<br />Indebtedness by way of forbearance or exte
<br />Indebtedness.
<br />Time is of the Essence. Time is of the essei
<br />Waiver of Homestead Exemption. iTrustor t
<br />of Nebraska as to all Indebtedness secured b+
<br />DEFINITIONS. The following words shall have the
<br />Beneficiary. The word "Beneficiary" means E
<br />Borrower, The word "Borrower" means Dale
<br />Dead of Trust. The words "Deed of Trust" r
<br />assignment and security interest provisions re
<br />Environmental Laws. The words "Environi
<br />relating to the protection of human health of
<br />Compensation, and Liability Act of 1980, at
<br />Reauthorization Act of 1986; Pub. L.' No, 99 -4
<br />Resource Conservation and Recovery Act, 4
<br />adopted pursuant thereto.
<br />Event of default. The words "Event of Def
<br />section of this Deed of Trust.
<br />with federal' law and the laws of the State of
<br />is jurisdiction of the courts of Merrick .County,
<br />and 'several, sand all references to Trustor shall
<br />di obligations in this Deed of Trust.
<br />3nder will not give up any of Lender's rights under this Deed' of Trust unless Lender dries so in
<br />� exercise any right will not mean that Lender has given up that right If Lender does agree in
<br />oes not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br />xunsent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />urther understands that Just because Lender consents to one or more of Trustors requests,
<br />Dnsent to any of ;Trustor's future requests.', Trustor waives presentment, demand for payment,
<br />i of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />did or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />found to be Invalid or unenforceable.
<br />tations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br />lies, their successors and assigns. If ownership of the Property become$ vested in a', person
<br />Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />ifon without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br />e in the performance of this Deed of Trust.
<br />reby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />this Deed of Trust.
<br />Aowi ng meanings when used in this Deed of Trust:'
<br />ink of Clarks, and its successors and assigns.
<br />lemm and Diane Samm,', and all rather persons and entities signing the Note.
<br />San this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />ting to the Personal Property and Rents.
<br />entai Laws" mean any and all state, federal and 'local statutes, regulations and ordinances
<br />the environment, including without limitation the Comprehensive Environmental Response,
<br />amended, 42 U.S.C. Section 9W1, at seq. ( "CERCLA "),'the Superfund Amendments and
<br />9 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />U.S.G. Section' 6901, at seq., or other applicable state or federal laws, rules, or regulations'
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