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p e 6 <br />DEED OF TRUST Pa � g <br />Loan No: 773534 2 0 0 2® 5 1h 6 (Cofnued) <br />not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. of any Notice of Default and a copy of any Notice <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy set forth in the first paragraph of this Dead of Trust. <br />of Sale under this Deed of Trust be mailed to them at the addresses to enforce any of the terms of this Deed of Trust Lender shall be entitled <br />Attorneys' Fees; Expenses. If Lender institutes <br />any I Whether or not any court action s <br />at any time <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any ap a able on demand and shall bear <br />all involved, and to the extent not prohibited by law, ent ofrits nights hall become Lender rt' of the t Indebtedness payable P yab h include, out limitation, <br />for the protection of its in this paragraph <br />fees and Lender's legal expenses, whether or not there is a lawsuit, <br />interest at the Note rate from the date o expenditure Lender's attorneys' Expenses covered vacate any automatic stay or injunction), <br />however subject to any limits under applicable r°ceedin s including efforts to modify or <br />including attorneys' fees and expenses for bankruptcy p g ( applicable law, Trustor <br />ment collection services, the cost of searching records, obtalnln9 title reports (including foreclosure <br />appeals, and any anticipated post prat title insurance, and fees for the Trustee, to the extent permitted by app <br />reports), surveyors' reports, and appraisal fees, <br />also will pay any court costs, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shalt 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 Deed of <br />Trust: <br />and Trustor: (a) join in preparing and filing a map or plat of the Real <br />powers of Trustee. In addition to all powers of Trustee request Lender a matter of law, Trustee shall have the power r o�� 9 a Y following 0°hotw <br />with respect to the Property upon the written join in granting any easement <br />Property, including the dedication of streets or other rights to the public; (b) <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 o <br />Trust. applicable law. In addition to the rights and remedies set forth <br />the Trustee shall have the right to foreclose by notice and sae, and Lender will have the <br />Trustee. Trustee shall meet all qualifications required for Trustee under app applicable law <br />above, with respect to all or any part of the Property, <br />right to foreclose by judicial foreclosure, in either case in accordance with and toont a successopTrustee to any Trustee appointed under this <br />Successor Trustee. Lender, at Lender's option, may from time to time app <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder original Lender, Trustee, and <br />HALL County, State o <br />Nebraska. The instrument shall contain, in addition in treference) where this uDeed J by state of Trust s� recorded, Bann this Deeded address Trust or ftdee the <br />Trustor, the book and page (or computer system power, and duties conferred <br />successor trustee, and the instrument shall be withouet coin eyance of acknowledged de Prperty, shalt succeed to all the titre, p <br />successors in interest. The successor trustee, applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all <br />upon the Trustee in this Deed of Trust and by app <br />other provisions for substitution. <br />NOTICES. Any notice required to be given uheder this Deed <br />delof Tru! t'whendacttua y received e'd by telefacsi%ile (u�us otherwise t required by d as <br />be given in writing, and shall be effective w <br />when deposited with a nationally recognized overnight courier, n if mailed, when deposited in the <br />beginning of this Deed of Trust. All copies of notices of foreclosure Deed <br />registered mail postage prepaid, directed to the addresses shown near the beg n9 <br />idr formal written notice to the other P8 Lender <br />from the holder of any lien which has priority address notices under Deed of Trust by giving ' shownsto agrees to keep's <br />of Trust. Any person may change his or <br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, <br />e notice given to all Trusto id. II will be Trustor's responsibility to tell the others of the notice from <br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any no <br />given by Lender to any Trustor is deemed to b <br />Lender. of Trust: <br />MISCELLANEOUS PROVISIONS. The following miscellaneou nphe'Reat d Documents is Tru�stor's entire agreement with Lender vconcerning be <br />Amendments. What is written in this Deed of Trust. and <br />matters covered by this Deed of 'trust. To be effective, any change or amendment to this Deed of Trust mu <br />signed by whoever will be bound or obligated by the change or amendment. <br />Caption Headings. <br />Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define <br />the provisions of this Deed of Trust. <br />r. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or assts in the Properly at <br />Merge act without the written consent of Lender. <br />any time held by or for the benefit of Lender in any capacity, with federal law and the laws of the State of <br />Governing Low. This Deed of Trust will be governed by and interpreted in accordance <br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, State <br />of Nebraska. <br />Joint and Several Liability. All obligations of each Trustor ustdorrsigni g below is responsible fortall nobligations in this llDeead of Trust. <br />mean Sham this Deed of Trust shall be <br />No Waiver by Lender. Trustor unders tands mean each and every Trustor. This means that <br />ht will not mean that Lender has given up that right. If Lender does agree understands Lender will not give up any of Lender's rigunder <br />dw'dh the ot�her°prnutsions of hs Deed of Trust. <br />writing. The fact that Lender delays or omits to exercise any rig <br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comply <br />Trustor also understands that if Lender does f�ther understands thatajustobecause Lender consents presentment, demand for payment, <br />again if the situation happens again. Trustor <br />that does not mean Lender will be required to consent to any of Trustor's future requests• Trustor wa <br />protest, and notice of dishonor. <br />