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<br />DEED OF TRUST <br />Loan Na: 101231476 (Continued) 2 010 0 4 9 3 9 page s <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will 6e cumulative and may be exercised alone 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 Lender's right to declare Trustor in default and to exercise Lender's remedies. <br />Request for Notico. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default 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 paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the court may adjudge reasonable as attarneys' fees at trial and upon any appeal. Whether or not any <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 protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attarneys' fees and expenses far bankruptcy proceedings (including efforts to modify or <br />vacate any automatic stay or injunction, appeals, and any anticipated past-judgment collection services, the cost of searching <br />records, obtaining title reports (including foreclosure reports), 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 costs, 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 following <br />actions with respect to the Property upon the written request of Lender and Trustor: lal join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any <br />restriction on the Real Property; and (c- join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this Deed 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 />will 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 by Lender and recorded in the office of the recorder of Hall County, <br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original <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 nr 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 near the beginning of this Deed of Trust. Any person may 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 the notice is to change the person's address. For <br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required <br />py 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 be <br />Trustnr's responsibility to tell the others of the notice from Lender. <br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law nr similar <br />law for the establishment of condominiums or cooperative ownership of the Real Property: <br />Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any matter that may <br />come before the association of unit owners. Lender will have the right to exercise this power of attorney only after Trustor's default; <br />however, Lender may decline to exercise this power as Lender sees fit. <br />Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf, and the proceeds of <br />such insurance may be paid to the association of unit owners for the purpose of repairing pr reconstructing the Property. If not so <br />used by the association, such proceeds shall be paid to Lender. <br />Default. Trustor's failure to perform any of the obligations imposed on Trustor by the declaration submitting the Real Property to unit <br />ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shall be an event of default <br />under this Peed of Trust. If Trustor's interest in the Real Property is a leasehold interest and such property has been submitted to unit <br />ownership, any failure by Trustor to perform any of the obligations imposed on Trustor by the lease of the Real Property from its <br />owner, any default under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure of <br />Trustor as a member of an association of unit owners to take any reasonable action within Trustor's power to prevent a default under <br />such lease by the association of unit owners or by any member of the association shall be an Event of Default under this Deed of <br />Trust. <br />