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.~ <br />DEED ~F TRUST <br />Loan No: 10~12338Q1 (Continued) 2 Q 1 Q Q 6 6 Q 2 Page 6 <br />vacate any automatic stay or injunction), appeals, and any anticipated post-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 pf 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: la) join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets pr 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 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 pf 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 />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 be <br />Trustor'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 or 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 tp the association of unit owners for the purpose of repairing or 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 pn 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 Deed 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, pr 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 />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <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 change or amendment to this Deed of Trust must be in <br />writing and must be signed by whoever will be bound or obligated by the change or amendment. <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 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 <br />Property at 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 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. <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 County, <br />State of Nebraska. <br />