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• DEED OF TRUST <br />Loan No: 101 Z373�A�4 (Continued) �� i� Q���� P�gg � <br />� ���i, <br />. , <br />Request for Notice. Trustor, on behalf qf Trustor and Lender, hereby requests that a copy of any Natice of Default and a copy of any <br />Notice of Sale under this Deed of Trust be mailed to them at the addrasaes set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If l.ender institutes any suit or action to enforce any ot the terms of this Deed of Trust, Lender shail be <br />entitled to recover such sum as the court may adjudge reasonabte as attorneys' fees at tria) and upon any appeal. Whether pr 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 af its interest or the entorcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear intere5t at the Note rate from the date of tha expanditure until repaid. Expenses covared by this paragraph <br />include, without limitation, however subject to any limits under appiicable law, Lender's attomeys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attprneys' fees and expenses for bankruptcy proceedings (inciuding efforts to modify ar <br />vacata any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching <br />recards, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees fpr the <br />Trustee, to the extent permitted by applicable law. Trustor alsn will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights of Trustee. 7rustee shall have all of the rights and duties af Lender as set forth in this sectipn. <br />POWERS AND OBLIGATIpN3 QF TIiUS7EE. The follqwing provisions relating to the powers and obligations pf Trustee are part of this <br />Deed of Trust: <br />Powers of Truste�. In addition to all powers af Trustee arising as a matter of law, Trustee shall have the power to take the following <br />actions with respect to the I'roperty upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plet 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 Reel Prpperty; and (c) join in any subordination or other agreemant affecting this Deed of Trust or the interest of <br />Lendar under this Deed of Trust. <br />Trustee. 7rustee shall meet all qualifications raquired for Trustee under applicabie law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the 7rustea shall have the right to foraclpse by notice and sala, and Lender <br />shall have the right to foreclosa by judicial foreclosure, in either case in accordance with end to the full extent provided 6y 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 acknpwledged 6y Lender and recarded in the office of the recorder of HALL County, <br />State of Nebraska. The instrument shall contain, in addition to all other mattars raquired by stata law, the names of the originel <br />Lender, 7rustee, and Trustor, the book and page (or computer system referance) where this Deed af 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 />pf Trust or their successors in interest. The successor trustee, withaut conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the 7rustee in this Deed of Trust and by applicable law. �'his procedure fpr substitution of Trustee <br />shall govern ta the exclusion of all other provisions far substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice pf default and any notica of <br />sale shall be given in writing, and shall be affective 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 depasited in the United States mail, as <br />first class, certified or registered mail ppstage prepaid, directed to the addresses shown near the beginning of this qeed af Trust. All <br />cvpies of notices of foreclosure frpm the holder of any lien which has priqrity over this qeed of Trust shall be sent to Lender's address, as <br />shown near 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 intormed at all times nf Trustor's current address. Unless otherwise provided or raquired by law, if there is more <br />than one Trustor, any notice given by Lender to any Trustor is daemed tq be notice given to all Trustors. <br />MISCELLANEOUS PROVI510N5. The following miscellaneous prnvisipns are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Dpcuments, constitutes the entire understanding and agreement of the <br />parties as to the matters set forth in this Deed of Trust. No alteratipn pf or amendment to this Deed of Trust shall be effactive unless <br />given in writing and signed by the party ar parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If tha Prpperty is used for purposas ather than Trustor's residence, Trustpr shall furnish to Lender, uppn request, a <br />cartified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as <br />Lender shali require. "Net oparating income" shall mean all cash receipts from the Property less all cash expenditures made in <br />connection with the operation of the Property. <br />Caption Headings. Captian headings in this Deed ot Trust are for convenience purposes anly and are not to be used to interpret or <br />define the provisipns of this Oeed of Trust. <br />Merger. Thera shall be no merger of the interast or estate created by this peed pf 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 Peed 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 af 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, Trusior agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />5tate of Nebraska. <br />Joint and Several Liability. All obligations of Barrower and Trustor under this Deed of Trust shall be joint and several, and all <br />rpferences to Trustor shall mean each and every Trustor, and all references ta Borrower shall mean each and every Borrower. This <br />means that each Trustor signing below is responsible for all obligetions in this Deed of Trust. Where any one or more vf the parties is <br />a corporation, partnership, limited liability company or similar entity, it is not necessary fpr Lender to inquire into the powers of any of <br />