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<br />Loan No: 101226553 <br />DEED OF TRUST <br />(Continued) 2 01 Q Q Q 9 s~ Page 7 <br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching <br />records, obtaining title reports (inoluding foreclosure reportsl, surveyors" reports, and appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court casts, 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 relating 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 Trustor: (al join in preparing and filing a map nr plat of <br />the Real Property, including the dedication of streets or other rights to the public; Ibl join in granting any easement or creating any <br />restriction on the Real Property; and Ic1 join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this peed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable 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 instrument executed and acknowledged b_y Lender and recorded in th_ a office of the recorder of HALL County, <br />Stets of Nebraska. The instrument shall confain, in addit'ipn to aIT other ma#ters requir9d by sfate law tFie names of the origirial <br />Lender, Trustee, and Trustor, the book and page for computer system reference) where this Deed of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or their successors in interest. The successor 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. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisions for substitution. <br />NOTICES. Any notice 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 telefacsimile (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 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 be sent to Lender's address, as <br />shown Haar the beginning of this Deed of Trust. Any party may change its address for 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's address. For notice purposes, Trustor <br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more <br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. <br />MISCELLANEOUS PROVI510NS. 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 set forth in this Deed of Trust. No alteration of or amendment to this Deed 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, Trustor shall furnish to Lender, upon request, a <br />certified statement of net operating income received from the Property during Trustar's previous fiscal year in such form and detail as <br />Lender shall require. "Net operating ihcome" shall. mean all cash receipts from the Property less all cash expenditures made in <br />cpnnection 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 />define the provisions of this bead of Trust. <br />Merger. There shall be no merger of the interest or estate created by this Dsed of Trust with any other interest ar estate in the <br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lsnd9r. <br />Governing 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 Dsed of Trust has been accepted by <br />tender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of HALL <br />County, State of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all <br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This <br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such vvaiver is given in <br />writing and signed by Lender. No delay or omission an 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 Daed of Trust shall not prejudice or constitute a waiver of Lender's <br />right otherwise to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by <br />Lander, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of <br />Trustor'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 Lender 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 sale 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 />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If <br />