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DEED OF TRUST <br />Loan No: 1632686 200214658 (Continued) Pages <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any could 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 protection of ills Interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date 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' fees and Lender's legal expenses, whether or not there is a lawsuit, <br />Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), <br />appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure <br />reports), surveyors' reports, and appralsal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor <br />also will pay any court costs, 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 Deed 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 Trustor: (a) join in preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or other rights to the public; (b) join in granting 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 Deed of <br />Trust. <br />Trustee. Trustee shell meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth <br />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 shall have <br />the right to foreclose 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 under this <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the oNlce of the recorder of HALL 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, and <br />Trustor, the book and page (or computer system reference) where this Dead 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 />successors 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 Deed 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 Dead 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 telefacslmle (unless otherwise required by law), <br />when deposited with a nationally recognlzed overnight courier, or, it mailed, when deposited in the United States mail, as 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 notices of foreclosure <br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed <br />of Trust. Any party may change IN address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that <br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's <br />currant address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Truslors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. This Deetl of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties <br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing <br />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, Trustor shall furnish to Lender, upon request, a certified <br />statement of net operating income received ham the Property during Trustor's previous fiscal year in such form and detail as Lender shell <br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the <br />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 dente <br />the provisions of this Deed 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 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 />Slate of Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given In <br />writing and signed by Lender. No delay or omission on the pad of Lender in exercising any right shall operate as a waiver of such right or <br />any other right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender's right otherwise <br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of <br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future <br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender In any instance <br />shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be <br />granted or withheld in the sole discretion of Lender. <br />Severablllly. If a court of competent jurisdiction finds any proNslon of this Dead of Trust to be illegal, invalid, or unenfmceable as to any <br />circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If easibfe, <br />the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so <br />modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or un urforceability <br />of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Dead of Trust. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be <br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person <br />other than Trustor, Lentler, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of Trust or liability under IM <br />Indebtedness. <br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all right and benefits of the homestead exemption laws of the Slate <br />of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following capitalized words and terms shall have the fallowing meanings when used in this Dead of Trust. Unless specifically <br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms <br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise <br />defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: <br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns. <br />Borrower. The word T orrower" means KRISTIN R PETERSEN, and all other persons and entries signing the Note In whatever capacity. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee,, and includes without limitation all <br />assignment and security interest provisions relating to the Personal Property and Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defaults'. <br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances <br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, <br />