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<br />Loan No! 807093
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<br />DEED OF TRUST
<br />(Continued)
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<br />200611191
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<br />Page 5
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<br />Notice of Sflle under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If lender institutes any suit or ar.tion to enforr.e any of the terms of this Deed of Trust, Lender slwll he
<br />entitled to rer.over such sum as the r.ourt may adjudge reasonflble as attorneys' fees at trifll and upon any appeal. Whether or not flny
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in Lender's opinion are
<br />necessary at any time for the proter.tion of its interest or the enforr.ement of its rights shall become a part of the Indebtedness paynhle
<br />on demand and shall hear interest at the Note rate from the date of the expenditure until repaid . EXPenses covered by this pflragmph
<br />inr.lude, without limitation, however subjer.t to any limits under applicable law, Lender's flttorn'eys' fees and Lender's legal expensp.s,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for hflnkruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipnted post-judgment collection services, the r.ost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, tille insurance, and fees for the
<br />Trustee, to the extent permitted hy applir.ahle law. Trustor also will pay any court costs, in addition to all other sums provided hy
<br />IHw.
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<br />Rights of Trustee. Trwltee 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 relating to the powers Hnd obligations of Trustee ar'" pRrt of this
<br />Deed of Trust:
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<br />Powers of Trustee. In nddition to nil powers of Trustee arising as a matter of law, Trustee shRII have the power to tRkethe following
<br />actions with resfmct to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Renl Propmty, inr.luding the dedication of streets or other rights to the publir.; (h) join in granting Rny eflsenHHlt or r.reating any
<br />restriction on the Real Property; and (c) join in nny suhordinfltion or othm agreement affecting this Dep.d of Trust or the interest of
<br />lendm undm this Deed of Trust.
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<br />Trustee. Trustee shall mep.t all qualifications required for Trustee under applir.able law. In addition to the rights and remedies set
<br />forth flhove, with respp.r.t to all or any part of the Property, the Trustee shnll have the right to foreclose by notice and sale, and lender
<br />will have the right to foreclose by judicinl forer.losure, in either case in accordance with nnd TO the full extent provided by applicnhle
<br />law.
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<br />Successor Trustee. lender, at lender's option, may from time to time appoint fl sur.r.essor Trustee to any Trustee nppointed under
<br />this Deed of Trust hy fln instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hflll County,
<br />State of Nebraska. The instrument ShHl1 r.ontflin, in flddition to all othm matters required by stflte law, thp. names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system mference) where this Deed of Trust is rer.orded, and the name
<br />and address of the successor trustee, nnd the instrument shall be executed and acknowledged hy flll the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveynnce of the Property, shall succeed to flll the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for suhstitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation Bny notice of default Hnd any notice of
<br />sale shall be given in writing, and shall be effer.tive when actually delivered, when flctually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally rer.ognized overnight courier, or, if nlfliled, when deposited in the United Statp.s mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near 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 he sent to lender's address, flS
<br />shown neflr the beginning of this Deed of Trust. Any person mflY r.hflnge his or her address for notices under this Deed of Trust hy giving
<br />formal written notice to the other person or persons, spp.r.ifying that the purpose of the notir.e is to change the person's address. For
<br />notice purposes, Trustor agrees to keep lender informed at all times of Trustor's current nddress. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will he
<br />Trustor's responsibility to tell the others of the notice from Lender.
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<br />MISCEllANEOUS PROVISIONS, The following miscellaneous provisions are n part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust and 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 chnnge or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will he hound or obligated by the change or arnf!lldment.
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<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to he used to interpret or
<br />define the provisions of this Deed of Trust.
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<br />Merger. Them slmll he no merger of the interest or estate r.reated by this Deed of Trust with any other interest or estate in the
<br />Property fit any time held by or for the benefit of lendp.r in any r.apacity, without the written consent of lender.
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<br />Goveming law. This Deed of Trust will be governed by federal law applicable to lender and. to the extent not preempted by federal
<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 a lawsuit, Trustor agrees upon Lender's request to suhmit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless lender does
<br />so in writing. The far.t that Lender delays or omits to exercise any right will not mean that lender has given up that right. If Lender
<br />does agree in writing to give up one of Lendm's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor fllso understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent ngain if the situation happens again. Trustor further understands that just because Lender r.onsents to
<br />one or more of Trustor's requests, that does not mefln lender will he required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
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<br />Severability. If a r.ourt finds that any provision of this Deed of Trust is not valid or should not be enforced, that far.t by itself will not
<br />mefln thflt the rest of this Deed of Trust will not he valid or enforced. Therefore. fI court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
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<br />Successors and Assigns. Subject to any limitfltions stated in this Deed of Trust on transfer of Trustor's intp.rest, this Deed of Trust
<br />shall be hinding upon and inure to thp. henefit of the p1'lrties, their sucr.ossors and assigns_ 11 ownership of the Property her.omes
<br />vested in a person other tllfln Trustor, lender, without notice to Trustor, may deal with Trustor's successors with refemnr.e to this
<br />Deed of Trust nnd the Indehtedness by way of forheflmnr.e or p.xtension without releasing Trustor from the obligfltions of this Deed of
<br />Trust or liability under the Indebtedness.
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<br />Time is of the Essence. Time is of the essence in tho performance of this Deed of Trust.
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<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action. proceeding. or counterclaim brought
<br />by any party against any other party.
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<br />Waiver of Homestead Exemption. Trustor herehy mlp.ases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska ns to flll Indebtedness secured by this Deed of Trust.
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<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
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<br />Borrower. The word "Borrowm" means Eloy R Urihe and Oralia DErives and includes all co-signflrs and co-makers signing the Note
<br />and all their successors flnd assigns.
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<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, lendp.r, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Pmsonal Property and Rents.
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