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<br />200607780
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<br />Loan No: 806977
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<br />DEED OF TRUST
<br />( Continued)
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<br />Page 5
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<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of 8ny matters or f8Cls shnll ho
<br />conclusive proof of the truthfulness thereof. ^ny person, including without limitation Trustor, Trustee, or Lemler, mflY
<br />purchase at such sale.
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<br />(h) As may he perrnined by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connoction with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums nxponded undor
<br />the terms of this Deed of Trust or under the tmms of the Notn not thnn mpaid, including hut not limited to accrued interest
<br />find late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitlod thereto.
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<br />(c) Trustee may in the m8nner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lendm, and each of them, shall be entitled to enforce payment and perforrnflncn of any
<br />indebtedness or obligations seGumd by this Deed of Trust and to exercise all rights and powers undm this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereaftm in forc8; notwithstanding,
<br />some or all of such indebtedness and obligations secured hy this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether hy court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to rflfllize upon or enforce any other security now or hereflfter held by Trustee or Lender, it
<br />being agreed thnt Trustee nnd Lemler, flnd eflch of them, shall he entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or hy
<br />Illw provided or permitted, hut each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing flt law or in equity or by statute. Every power or rem8dy giv8n by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them mflY be otherwise entitled, mny he exercised, Goncurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking fl deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
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<br />Election of Remedies. ^" of l.ender's rights and remedies will be cumulative and may he exercised fllone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect l.ender's right to declare Trustor in default and to exercise Lender's remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor and l.ender, hereby requests that a copy of any NotiGe of Dofault and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragmph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Drmd of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial nnd upon nny flppefll. Whether or not any
<br />court aetion is involved, and to the extent not prohibited hy law, all reasonflble expenses Lender incurs that in Lender's opinion are
<br />noeessmy at any time for the proteGtion of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand flnd shall beflr interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this para(Jraph
<br />include, without limitation, however subject to any limits under applieflble 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 serviGes, the Gost of s8arehing
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, tirle insurnnce, nnd fom; for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to flll othor SUIllS provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relflting to the powers and obligations of TnJstee nre part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to all powers of Trustee nrising as a Illntter of Illw, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender nnd Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the puhliG; (b) join in granting any easement or creating nny
<br />restriction on the Real Property; flnd (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In flddition 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 foreGlose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent providHd hy 8ppliGIlhle
<br />law.
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<br />Successor Trustee. Lender, at Lender's optirll1, may from time to time appoint n successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the offiGe of the record8r of Hflll County,
<br />State of Nebraska. The instrument shall Gontflin, in addition to all other matters requirHej by state law, tlw names of the originnl
<br />Lender, Trustee, and Trustor, the hook nnd pago (or computer system reference) where this Deed of Trust is recorded, and the nam<J
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dond
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to nil the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all othor provisions for substitution.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any nol.iGe of
<br />sale shall be given in writing, and shall be effective whon actually delivered, when actually received hy telefacsimile (unless otherwise
<br />required by law), when deposited with n nationfllly mcognized overnight courier, or, if mailed, when dOfJosited in the United Slntes mail, as
<br />first class, certified or registered mllil postage prepaid, directed to the addresses shown noar the beginning of this Deed of Trust. All
<br />copies of notices 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 nenr the boginning of this Deed of Trust. Any person mny change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of I.he notico is to change the person's address. For
<br />notice purposes, Trustor agmes to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to nny Trustor is deemed to be notice given to all Trustors. It will he
<br />Trustor's responsibility to tell the others of the notice frolll Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this need of Trust:
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<br />Amendments. What is written in this Deed of Trust nnd in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or flmendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the chllllge or amendment.
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<br />Caption Headings. Caption headings in this Deed of Trust nre for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
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<br />Merger. There shall be no merger of the interest or estnte created by this Deed of Trust with any other interest or estate in tile
<br />Property at any time held hy or for the benefit of Lender in lmy capacity, without the written consent of Lender.
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<br />Governing Law. This Deed of Trust will be governed by federal law applicable to lender and. to the extent not preempted by federfll
<br />law. the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
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<br />Choice of Venue. If there is fl lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hflll County,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and severnl, and all
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