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A ��, f � .,; � DEED OF TRUST 2 O i O O S 4 2 i
<br />Loan No: 101235847 (Continued) Page 7
<br />to perform, shall not affect Lender's right to declare a defeult and axercise its remedies.
<br />Request for Notice. 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 peed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or acTion to enforce any of the terms ot this Deed of 7rust, Lender shall be
<br />entitled ta recover such sum as the cqurt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether pr not any
<br />court action is involved, and to [he extent not prohibi[ed by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection vf its interest or the enforcement of its rights shall becpme a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of tha axpenditure 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 sxpenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses tor bankruptcy proceedings (including effarts to madify or
<br />vacate any automatic stay or injunctionl, 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 />7rustee, to the extent permitted by applicable law. Trustor also will pey any cpurt costs, in addition to all other sums provided by
<br />law.
<br />Rights of 7rustee. 7rustee shall have all of ths rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGA710NS OF TRUSTEE. The following provisions relating to the ppwers and obligations of Trustee are part of this
<br />p�eed, o.f 7ruSt:
<br />Powers of Trustee. In addition to all powers of Trustae arising as a mattar of law, Trustee shall have the power to take the following
<br />actions with respect to the Prpperty upan the written request pf Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedicatipn pf streets pr pther rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordinatipn or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustse. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and rsmedies set
<br />forth above, with respect to all or any part of the Property, the 7rustee shall have the right ta fareclose 6y notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordanca with and to the full extent provided by applicable
<br />law,
<br />Successor Trustee. Lender, at l.ender's vption, may from time ta time appaint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executad and acknqwledged 6y Lender and recprdad in the office of the recorder of MAI.L County,
<br />State af Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the ariginal
<br />Lender, Trustee, and Trustar, the book and page lor 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 benefioiaries under this Deed
<br />of Trust or their successors in interest. 7he successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upan tha 7rustee in this Deed af Trust and by applicable law. This procedure for substitution ot Trustee
<br />shall gpvern ta the exclusion pf all pther provisipns for substitution.
<br />NOTICES. Any notice required to 6e 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 law1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States meil, as
<br />first class, certified or registered mail ppstage prepaid, directed to the addrasses shpwn near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holdsr of any lisn which has priprity aver this �eed of Trust shall be sent to Lender's address, as
<br />shown naar the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giuing formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposas, 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 desmad to be notice given to all Trustora.
<br />MISCELLANEOUS PROVISIQNS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments: This Deed of 7rust, together with any Related Documents, constitutes the entire understanding and agresment of the
<br />parties as to the matters set forth in this pead of Trust. No altarativn of or amendment to this Deed of Trust shall be effective unless
<br />givsn in writing and signed by the party or parties sought ta be charged pr 6ound by the alteration or amendment.
<br />Annual Raports. If the Property is used for purposes pther than Trustqr's residence, Trustor shall furnish ta Lender, upon request, a
<br />certified statement pf net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property lexs all cesh sxpenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this peed of Trust are for canvenience 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 astate created by this Deed of 7rust with eny other interest or estate in the
<br />Property at any time held by ar for tha 6enefit 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 7'rust has been accepted by
<br />Lander in the State of Nehraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the caurts af Hall Cpunty,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this �eed of Trust shall be joint and several, and all
<br />refarences to Trustar shall mean each and every 7rustor, and all references to Borrower shall mean each and every Borrowar. This
<br />means that sach Trustar signing below is responsible for all pbligatipns in this Deed vf Trust.
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