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DEED OF TRUST <br />Loan No: 1592872 200210786 (continued) Page <br />of Sale under lhls Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Leader institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled <br />to recover such sum as the court may adjudge reasonable as offorneys' fees at trial and upon any appeal. Whether or not any court action is <br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time <br />for the projection of its interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall beer <br />interest at fhe Note rate from the data 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' lees and Lender's legal expenses, whether or not there is a lawsuit, <br />including aHorrleys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay w injunction), <br />appeals, and any anticipated post - Judgment collection services, the cost of searching records, obtaining title reports (including fwackaure <br />reports), surveyors' reports, and appraise) fees, NNe Insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster <br />also will pay any court casts, 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 pad 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 Truster: (a) join in preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or Other lights to the public; (b) join in granling any easement or creating any restriction on the <br />Real Property; and (c) join In any subordination or Other agreement affecting this Dead of Trust or the interest of Lender under this Dead of <br />Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies sal forth <br />above, with respect to all or any pad of the Property, the Trustee shall have the fight to foreclose by notice and sale, and Lender will have the <br />right to tameless by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed untle( this <br />Dead of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of Hell 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 <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 />successions 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 Dead Of Trust and by applicable 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 tsiefacsimile (unless otherwise required by law), <br />when deposited with a nationally recognized overnight courier, or, if mailed. when deposited In the United Stales mail, m 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 nofiws of foreclosure <br />from the holder W any lien which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Dead <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 nonce is to change the person's address. For notice purposes, Trustoa agrees to keep Lender <br />informed at all times of Truslar's current address. Unless otherwise provided or required by law, if there is raw@ than one Truster, any notice <br />given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trustees responsibility to tell the others of the notice from <br />Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Truster's entire agreement with Lender concerning the <br />matters covered by this Dead of Trust. TO be effective, any change or amendment to this Deed of Trust must be In writing and must be <br />signed 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 />the provisions of this Dead 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 Properly at <br />any time held by or far the benefit of Lender in any capacity, without the written consent of Lender. <br />Governing Lew. This Deed of Trust will be governed by and Interpreted In accordance with federal law and the laws of the Stale of <br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />,lolnl and Several Liability. All obligations of Truster under this Deed of Trust shall be joint and several, and all raferences to Trustor shell <br />mean each and every Trustor. This means that each Truster signing below is responsible for all obligations in this Dead of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Dead of Trust unless Lender does s0 in <br />willing. The Not that Lender delays or omits to exercise any right will not mean that Lender has given up that right. It Lender does agree in <br />writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions of this Deed of Trust. <br />Trustor also understands that if Lender does consent to a request, that does not mean that Truster will not have to get Lender's consent <br />again 0 the situation happens again. Truster further understands that just because Lender consents to one or more of Trusters requests, <br />that does not mean Lender will be required to consent to any of Trusior's future requests. Trustor waives presentment, demand for payment, <br />protest, and notice of dishonor. <br />Severabllity. If a court finds that any provision Of this Dead of Trust is not valid or should not be enforced, that fact by Itself will not mean <br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provision of this Dead of Trust <br />even if a provision of this Dead of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Defied of Trust on transfer of Trustor's interest, this Deed of Trust shall be <br />binding upon and inure to the benefit of the parkas, their successors and assigns. If ownership of the Property becomes vested In a person <br />other than Trustor, Lender, without notice to Truster, may deal with Truster's successore with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Truslor from the obligations of this Dead of Trust or liability under the <br />Indebtedness. <br />Time Is of the Essence. Time is of the essence In the performance of this Dead of Trust. <br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the State <br />of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Dead of Trust: <br />Benellpbry. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns. <br />Borrower. The word'Bonowef means Larry D. Seifert and Elizabeth A. Sailed, and all other persons and entities signing the Note. <br />Deed of Trust. The words Mead of Trust" mean this Dead of Trust among Truster, Lender, and Trustee, and includes without limitation all <br />assignment and security interest provisions relating to the Personal Property and Rents. <br />Environmental Laws. The words' Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />feeling to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at Seq. ( "CERCLA "), the Supedund Amendments and <br />Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations <br />adopted pursuant thamto. <br />Event of Detaull. The words'Eveni of Default" mean any of the events of default set forth in this Deed of Trust in the events of default <br />section of this Dead of Trust. <br />