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0 -03 FRI 02:24 PM FAX: PAGE 19 <br />DEED OF TRUST 200300479 <br />Loan No: 19847 (Continued) Page 5 <br />Request for Notice. Trustor, on behalf of Truster and Lentler, hereby requests that a copy of any Notice of DefaWl and a copy of any Notice <br />a Sale udder this Dead of Trust bA raced to them at the addresses set form in The first perforate, of dks Deed of Tryst. <br />ANOrneys Foes; Estimates. If Lander nesUluNa any suit or edloh to enforce any of the Wmre of this Deed of Trust, Lander shall be entNed <br />to recover such sum as the court may adjudge reasonable as 1000kys' fax at trial and upon any appem. Whathar or not anyw'd action ie <br />involved, and to Me erred not Proixtal by law, all real oral expenses lender incurs that In tenders opiNOn are necessary at any hme <br />fair the Protection of Its Intended or the enforcement of its rights shall become a part of use indebtedness payable on demand entl sell beer <br />member at the NOW are from the data d de expendilaA. unN repaid. Experess covered by this personal Include, without Mutation, <br />a0wever subject .W any limits under applicable lee, Lenders attorneys' Nee and Lender's will expenses, weather or not them, Is a W it <br />including adorheya' fees and expenses We Oankruploy, proceedings (Including ea,ets to modify a waste any aubmatk stay or injunction), <br />appeals, and any anticipated post- judgnlad collection corvices, the cast of searching reeads, obtaining We reports (ncludnrg foreclosur <br />reports), aurveyors'repods, and Appealed fees, cap insurance, and fees foe the Trustee, to the extent permitted by applicable law. TNStor <br />Also MR pay any court cons, in addition to all titer sums provided by law, <br />Rights Of TNatee. Trustee shall have all Of the rights and times of Lender as as forth In ms section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following pmW I retail to the powers and obligations of Trustee are pet of this Deed of <br />Truer: <br />POWERS of Trustee. In Pool W all powers of Taal arising as a matter of law, Trustee shall have the power to lake the fallowing acporls <br />with sell to the Property upon the wken request of Lender and Trusto: (a) join in preparing and filing a map Or plat of the Real <br />Property Including the Ca ficral a Same or Otehr rghts o to public: (b) join in grentlnp any Assumes or ttwdng any rmMk m on the <br />Real Propery; and (c) join In any subordination Or other agreement affecting the Deed al or the interest of Lender under this Deed of <br />Trust. <br />Trastea. Trustee shell melt all qualifications required for Trustee under appicabp law. In addition to de rights end remades set fodh <br />above, with raped to all or any part of the Property, the Trustee shall haw the eight to forepbea by notice and sate, and Lender will have the <br />right to foreclose by judicial mrec osure, in either case in accordance with and to the full extent provided by applicable law. <br />Successor TmsMe. Lender, at Lenders appear, may hom time to time appoot a successor Trustier to any Trustee appointed under this <br />Deed Of Trust, by .n instrument executed and acknowledged by Lender and recorded In the office of the recorder of Hall Count', Sets of <br />Nebraska. The Instrument Shall COANIM, In Bdtlaan to all di deal required by Slats law. the renea Of the original lends, Trundee, and <br />Truna, the book. and page (a computer system reference) were Mb Dead of Trust is recorded, and U» reams and address of to <br />-=We a trustee. and the instrument stall ba Asecupd Bad Wknowledged by as to berefcia en under this Deed of Trust or teir <br />sucoessas in ideresl. The sUO.&55a huspe, wilhoul conveyancer Of Me Property, shelf succeed Wall ft ft. power, and dati08 conferred <br />upon the Thomas in this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion Of au <br />other provisions Me substitution. <br />NQTICES, Any notice required to be given under this De d of Trust, inducing without Notation any notice of default and any nuke of sal. she <br />be given in Ml and shall be Affil when actuality delivWed, when actuary received by telekeslmlle (untaas offm wive required by law), <br />when deposited with a etim llY recdgniied overnight courier, a, tf mated, when deposited in to United Stales mad, As fast dasa, oadfied a <br />registered mail postage prepaid, directed to me Addresses shown rear the beginning of this Deed of Trust All copies of notices of freppsure <br />hem the holder of any lien which has priory over this Used d Trust shell be seat to Lenders address, as shown rear the beginning of he Drpd <br />N Trust. Any person may change his or her Addrere one named under this Dead Of Trust by giving formal written notice to to Other perean a <br />crsans, specifying that the purpose of the notice is to change the porsol'a address. For nonce purposes, Trystor agrees W mi Lender <br />reformed at all seeks d TrustOrs current address. unions OthOly l provided a required by law, a ]here is more men one Trysts, any notice <br />give by Lender to any Trustor is named t0 be norm, gli to at Trustore. II will as TNSMre responsibility to tell Me others of the evertors horn <br />NSCELLANEOUS PROVISIONS. The fallowing mtspmlanemU9 pmNSians ere a part d Ills Dead d TNn: <br />Amendments. What Is wrill in this Dead of Trust and In the Related Documents is Tall enfire agreement wBh Lender comerNng to <br />maths covered by this Deed of Trust To as efll any change or amendment to this Deed of Trutt teal be in writing and must as <br />signed by whoever will be bound or obligated by the change or amendment. <br />Caption Hadngs, Caption headings in Mis Deed of Trust are for convenlenee purposes omy and are not to be used to into pled r daha <br />the pmveions of this Dodd of Trust <br />Nerydv. Thee shall be no merger of the informal or estate sealed by this Deed of Trust with any other interest or estate In the Property at <br />any time red. by Or far the benefit of Lender in any capacity, without the written consort of Lender. <br />Governing Low. This Dead Of Trust will as governed by and Interpreted N atcoldma Won fetlmd law and the laws of the State M <br />Nebraska. This Dead Ol Truth Naar been accepted by Lender In lad State of Nebraska. <br />Choke of Venue. If there is a lawsuit, Trusla agrees upon Lender's request M submit M the jurisdiction Of the courts d Manil County, <br />Slap of Nebraska. <br />Joint and Several Llabllly. All obligations of Trui under this Dead Of Trust shall be War and seweal, and all references to Trusts shall <br />moan each and every Trustee. This means Mat each Trudor sgning below Is respon abk We At abfigatiore in tree Dead of Trust. <br />No Waiver by Lender. Trustor undaret moon Lender will not give up any of Lender's rights under this Dead of Test unless Lender came an In <br />wedidd. The pct that Lender delays a dmis to axemise any right wN not main that Lender has given up that al If Lender pass Agree in <br />writing to give up one of Lenders Rates, that does not mean Trustor wet not have M comply with Me other provisions of this Dead of Trust. <br />Trustof also understands Mat if Lender class consent to a requesl that does not mean that Trunor will not have to gal Lenders corned <br />Again d the situation happwe again. TNsta former understands that lest because Landes comearre M erg or mare of Thoslare requests, <br />that does not mean Lentler will be required to canSant to any of Truche8 future requeak. TNstor waives presentment demand for payment, <br />protest,. And notice of d;shi <br />Several It a court fends Mat any provision of this Deed. of Tryst is nor wild Or should not be exhaust, that led by WAY will nut mean <br />that the rest of this Deed of Trust we, not be valid or enlaced. Therefore, a court will enforce the rest of the provisions of this Dead of Tnat <br />own U a provision of this Dead of Trust may be found to be inwlid or.wedoeassi <br />Su bbessor e And Assigns. Subject to any Iimfal stated In tae Dead of Trust on transfer of Trusel interest. this Deed of Trust shall be <br />binding Upon and mute to the berNat of the parties, their spmW6sam and assigns. 11 Ownership of the Property thickness wall In a person <br />other Man Trustor, Lander, without mfloo to Trull may den with TNctors suCCessas with reference to this Deed of Trust end the <br />Indeatedrgss by way of. forbearance or extension will repasin9 Tnuslw from me obligations of this Deed of Trust be liability unto the <br />Indebtedness. <br />Time Is ofih r Essence. TIM it of the ssaerrm M the perfamAncs of this Dad of Trust. <br />Waiver Of Home&tmA1 Mmmpaon. Trusor hereby rapaeas and wolves all rights and beaN6 of ma homestead a mmpbm lees of the Sale <br />of Nebraska As to ail Indebtedness secured by the Dead of Truth. <br />MFINITIONS. The fallowing words shall hew the following meanings when teed in me Dead of Trust: <br />Benegelary. The word Wrodaciar/' means Fanmws Seto Rank, and re successes and assigns. <br />Borrower. The word "Borrows' means Troy J Ecktrad and Sherry L Eckert, and all crew persons and enlitica signing the Note. <br />Deed of fell The words "Dead of Truer mean Ms Dad of Trust among Tmstse, Lander, and Tell and Includes without limitation all <br />assignment and security interest provisions relating to the Personal Property and Rents. <br />EMilgnme"tal LAWS. The words "Environmsntal Laws" neon any and all si federal and local stuffs, regulators And ordrmntes <br />relellOg to The peasation OF human hatch a the mivionmed, including without ITmeeaon thin Comprehensive Environmental Response, <br />Compensator, and L'souty Act d 1980- AS aanded, Q D.S.C. b4LMOn all M sad. ('CERCIA'), the SUperfune Arrrendmer s Add <br />ReadhOrbation Act of 1986, Pub. L. No. 98-494 ("SARA'), the Hazardous Materials TreeepMellon kL 0.9 U.S.C. Section 1801, et seq., the <br />Resource CpnsenwU00 and Recovery Ad, 42 U.S.C. Section 6901, et seq., tt othar applicable gate or federal IBM, rules, or regulators <br />