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200300847 <br />transaction between a borrower and a commercial lender and waives any <br />three (3) day right to rescind it may have, together with any rights to <br />disclosures and notices in addition to those made herein, if any, under <br />federal and state Truth in Lending and Consumer Protection legislation. <br />N. Notice of Default: Each party to this instrument requests that a copy of <br />any Notice of Default and a copy of any Notice of Sale hereunder shall <br />he mailed to each person who is a party hereto, at the address of such <br />person set forth herein. <br />O. Recording Costs and Abstract: The Truster shall pay the cost of <br />recording its Warranty Deed and this Deed of Trust. The abstract or <br />title insurance, as the case tray be, shall be returned to the Beneficiary to <br />be held as additional security during the term of this Deed of Trust, <br />except during periods of title examination and correction. <br />P. Attorney's Fees: In the event either party defaults in the performance of <br />this contract and the aggrieved party has to resort to a lawsuit to enforce <br />its rights hereunder, the aggrieved party shall be entitled to sue for its <br />damages in connection with said lawsuit, including accrued and <br />estimated court cots and attorney's fees to the full extent then allowed by <br />the court where said action is filed. This provision shall be enforceable <br />in any proceeding between the parties hereto and need not be enforced in <br />a separate action for recovery of attorney's fees and expense, and is <br />inserted in this instrument for the express purpose of implementing <br />Article 1, Section 13 of the Nebraska Constitution which provides there <br />shall be a remedy for every injury. <br />Q. Substitution: The parties may agree to amend or substitute any note or <br />notes which this deed of Trust secures, and in such event, this Deed of <br />Trust shall remain in full force and effect as security for the such <br />substituted or amended note(s), unless otherwise agreed by the parties. <br />Executed the date first above written. <br />5- <br />Ann E. Foster, Trustor <br />Lonny R. Foster, Trustor <br />