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DEED OF TRUST 200214510 Loan No: 1632068 (Continued) Page 5 Attorneys' Fees; Expenses. II Lander Institutes any suit or action to enforce any of the farms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys fees at trial and upon any appeal. Whether or not any court action in involved, end to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lenders opinion are necessary at any time for the protection of its intaresl or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear intarsel at the Note rate from the date of the expendilure unlit seen. Expenses covered by this paragraph include, withoul limitation, however subject to any limits under applicable law, Lender's aflornays' lass and Lender's legal expenses, whether or not there is a lawsuit, including attorneys fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or ,nl unchonn appeals, and any anticipated poll- ludgmenl collection services, the cost of searching moods, obtaining fine reports (eluding foreclosure reports), surveyors reports, and appraisal fees. Mlle Insurance, and leas for the Trustee. to the extent permdted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section_ POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions rehnl,ng to the power Fred obligpiipnc or Tmslee ere part of tins Deed of Trust: Powers of Trustee. In addition to all powers of Trustee insfg no a matter of Irw, Tinder shall nave Pe power In take the following abhor with respect to the Property upon the written request of Lender and IIuslor: (aljoin m preparing irid filing a map or plat of the Rcat Property, Including the dedcabon of Sample or other rights to Ina public. (h) loin in granting any aesemenl nr , ing any msludims on the Real Property; and (c) loin in any subordinntien or air, agreement off -Inr, this Deed of Trid o, loo b. rmsl of Lentler under Inis Deed of trust, Trustee. Trustee earth meet an qualifications raquned for Ire +tee urnler materials, law. In addition to the rights and remedies set forth above, with respect to all or any Part of the Property . the rurew shall nave, the right to foreclefie by nntica and sale, and I ender shall have Ine right to tereelose by judicial ireelcor ue, in either rA S2 in accordance coin Free to Ihr frill eMcnt provided by applicable Iaw. Successor Trustee. Lander, at Leader's option, may from F -I, ro fini appoint a T, ,i, s eny T,uslee appomled under this Deed of Trust by an Instrument exeni ted and acknewlebged by l endr, and n orded IF I Ido in, - It Ine ,e order of Halt County, State of Nebraska. The malrument shall remove in iodine, to all nmm n tl t rived I, stuto Iaw, the - of the original Lentler, Trustee, and Truster, this book and page for computer system inference) where cols Deed or Trust n receded and fie name and address of the frcceeror buster, and the tnslrument shall be executed and ask,,,, 'edged by III the benefiaahes under this Dead of Trust or Ihelr successors in interest The successor trustee, wJnput conli yrnce of the Property, shall succeed to all the Iola, power, and Ionic deafened upon the Trustee in he Deed of Trust and by applicahle Iaw. This pmceo l e for substitution of Tinders shall govern to the exclus,pn of all char provisions for subslilulion. NOTICES. Any notice required to be given under this Deed of Tf usl Including without limitation any neline of tleUull and any ratite of sale shall be given In wriling, end shell be effective when actually delivered, when actually received by telefa cane, gmfass otherwse required by Iaw), when deposited with a nationally recognized overnight nrnlrler, or If mailed when deposited In the United Slates mail, as first class, certified or registered mall postage prepare, dUecled to the addresses shown near the beginning of this Deed of TruSl, All copies of notices of foreclosure from the bolder of any lien which has priority over this Used of Tmsl shau be sent to Lender's address as shown near the beginning Of this Deno of Trust Any party may change its address for nofic s under this Deed of Trust by giving formal written space In the nfhor earlier specifying that the purpose of the notice is to change the party, address . for notice purpose. , Tnl,lor agrees to keep tender Informed It all times of TNSIb,'s current address, Unless otherwise provided or required by law. d I nor P is .edrr tbao one TI Lint II, any rehr o given by Lander to any Ti nsto. is seemed to he notice given to all Tuner, MISCELLANEOUS PROVISIONS. Tho f lI wins this II x promo r -, a our pl Irr acne of trust. Amendments. This Deed of Trust, together win arty Reuter! Donument ren,fifin e, Ina entire unim,bmemg and agreement of the part ion as to the matters set forth is this Deed of Trust. No strelion of or amendment to Ins Lend of Tnrsl sholl ne effienfies Loness given In wriling and signed by the party or parties sought to be rhurand or hmmd by the alteration or smanrhmant Annual Reports. If the Property is used for pfip,ses other than Trusp re residence, Tmstor shell fmnah to Lender, vper request, a certified notemenl Of net Operating Income received from iha P,ppady or TrtSlers no,,uu, fiscal yea, n C h e, , torn and neural as Lender shall require. "Net operating Income shall mean all cash ,e:egrls nom nw woperty la_s ell rash expendtlures made in connection with the operation of the Property. Caption Headings. Caption headings in thin ndsd of Trust am lei — s dip, purpo, onry and me riot to be used to ndarprei or Acne the provisions of this Deed of Trull. Merger. There shall be no merger of the Interest of estate created by Iris Deed of Trust won a mhe i m ....cirri in relate in, RopodvIf any time held by or for the benefit of Lender In any c,,paa r ly. whbeul Ine welte noaaeat of I end,, Governing Lew. This Deed Of Trust will be governed by, construed and enforced in rcomor rome w,pr federal law and the laws of the Stale Of NebP.sly, This Deed of Trust has been accepted by Lender in the State of Nebraska. Joint and Several Liability. All o e gabons of TmSler under Pas Deed of Trust shall be not and sev.,,a and all mferenoas to Tocsin shall mean each and eymy Truster. This means that each Trusts! gaid, heinw Is respeno ble for all obligation: in this Deed of T,osl_ No Waiver by Lender. Lander shall not he deemed to have waived any rights under this Deed of Trust unless such waiver Is given ,n writing and Signed by Lentler. No delay or pro do,n on the part of Lander in exercising any right shall operate as a waiver of such right or any other right, A waiver by Lender of a provsion of this Deed of Lust shell riot prejudice or constitute a waiver of Lenders right otherwise to demand Stud compliance with that provision or any other provision of this Deed of Trust. No prior waver by Lentler, nor any course of dealing between Lender and Inner, shall constitute a waiver of any of l enders rights or of any of Tr isfor's obligations es to any Th re transactions. Whenever the consent of Lander N required under, this Deed of Trust, the granting at such c,hye,il by Lender in any instance shall not tontines continuing consent to subsequenl rnetences where such consenl is repu,..d and If aU bases such consent may be granted or withheld In the sole otscrefior of I.e river . Severabtaty. If a bond of competeol unselfish finds any promsip' of ims Dead of Trutt in be nwgnl. if,rmrl or conal ,seta, ac Ip any person or o mstance, that finning shall riot mare the upending omyrsion flecal Invalid in menbmeabte as to any floor person or circumstance. If feasible. the offending p chill he con 7 niniffit r I hero, > inful sand and eeforceehie. If tho . offending provision cannot b,, o di .lroITrsl III I, aloe i bond finer in, D.r i of noel I rlxss ,no vase regotipd by Iaw. the Illegality, Invalidly, or linerfo,baab1 , of if _ 1 1111 rr If Ihr Pn.n ri r =.pap 1t if',,,' Ixlt tI rn1,1j, or e. ,for ... IFFL, of ny olbm provision of this Deed of Trust. Successors and Assigns. Subject to any irrionfier, elated In tor, Fro, , of Ti I or, t ` oiler el I G nlareel, Ibis Deed of Trust shalt be binding upon antl inure In Ine benefit of the pail Ih _ ... Is uru ... iso, ff -v,h p or be 'iooerfy becomes vested in m person Other than Trusts,, Lender, withoul notice in first... n, ay deal with Truslors somevsprs with reinforce In this Down of Trust and the Indebtedness by way of lornearance or exlenspn wimpol elersmp T,¢lorfrom the ohl,gafipp5 of Inv. Deed of Trust IF fiImId, nndm Inc Intlebledness. Time feature Essence. Time s of fns essence In Ina redorei of ths Dcod of Trust_ Waiver of Homestead Exemption. Truster nemby I ..see ann eur, all ,gals : d benefit,, cf Ith t -,mood exsmpLan Taws of the Slats of Nebraska as m all Indebtedness, secured by ens Daed of Tmsl DEFINITIONS. The fellowmg capitalized word, and terms shall hove Ihis hillnerg despises when nand in ens Daed of Trust . llnlisss sTerifirnlly Slated to the Contrary, all references In dolor amwot, . xhel mean mnirrii, m I,Tm1hp drier, of err, 11,0-f ' f aver. or Amen, ofd, ).rn I, Used in the Singular shall Include the plural, and the froil shall r1rilAn the -r oul, as file context may e if I, Words end farms not dihervdee definetl Ia this Deed of Trust shall have the m,ploo, afki "Ited In as - fern, i,, the (iijorm Commenter 'If, Beneficiary _ The word "Banefieb ry" means Jo)-led Nebraska Ba, anti +s wcpeseo., and assigns. r Borrower. The word 'norrower° means Toned A Luke,sa and Jean s Lukash. and of other prnsonc and entities slgnmp the Note m whatever capacity. Deed of Trust. she words "Deed of Trust one thin Deed or itocl among Trusts, Leade,. and Trustee. gad Finland, withoul limporon all