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DEED OF TRUST <br />Loan No: 775620 200213595 (Continued) a, Page 7 <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender moors that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />o demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />Ini without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or <br />vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching <br />records, obtaining this reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by <br />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 relation to the powers and obligations of Trustee are part of this <br />Deed of 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 fallowing <br />actions with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of <br />the Real Property, Including the gla ion of streets or other rights to the public; (b) join in granting any easement or creating any <br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under appllcaMe law. In addition to the rights and remedies set <br />forth above, with respect to all Or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />shall have the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an nstrument executed and ucknowledyed by Lender and recorded in the office of the recorder of HALL County, <br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original <br />Lender, Trusted„ and Truster, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall he executed and acknowledged by all the beneficiaries under this Dead <br />of Trust or their successors Io Interest, The Susedesor trustee, without conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. Ihis procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any nonce required to be given under this Deed of Trust, including without limitation any notice of default and any notice of <br />sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefaosimile (unless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as <br />first class, certified o registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of halides of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as <br />shown near the beginning of this Deed of trust. Any party may change its address fur notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpose of the notice is to change the party a address. For notice purposes, Trustor <br />agrees to keep Lender informed at all times of Truster's current address. Unless otherwise provided or required by law, if there is more <br />than ane treater. any notice given by Lender to any Trustortis deemed to be notice given to all Trusters. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the <br />parties as to the matters out forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless <br />given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Treanor shall furnish to Lender, upon request, a <br />Certified statement of net operating income rere'Ived from the Property during Truster's previous fiscal year In such form and detail as <br />Lender shall require. "Net operating in shall mean all each receipts from the Property less all cash expenditures made in <br />connection with the operation of the Property, <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or <br />coffee the provisions M this Dead of Trued <br />Merger. There shall be ma merger of the interest or estate created by this Deed of Trust with any other interest or estate In the <br />Property at 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 be governed by, construed and enforced in accordance with federal law and the laws of the <br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Toaster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Decd of Trust unless such waiver Is given In <br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such <br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's <br />right otherwise to demand strict somplianee with that provision or any other provision of this Deed of Trust. No prior waiver by <br />Lender, nor any course of dealing between Lender and Truster, shall c nabtate a waiver of any of Lender's rights or of any of <br />Trustar's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting <br />of such consent by I order In any instance shall not constitute continuing consent to subsequent instances where such consent Is <br />required and In all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to <br />