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<br />� � ., DEED �F TRUST 2 010 0 9 6� 8
<br />Loan No: 1p1237296 (Cont111u�d) Page 7
<br />include, without limitation, however subject to any limits under applicsble law, Lender's attprneys' fees and Lender's legal expenses,
<br />whether pr not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay nr injunction►, appeals, and any anticipated post-judgment col�ectian services, the CqSt Of searching
<br />racards, obteining title reports (including foreclosure reports►, surveyors' reports, and eppraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also wiil pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all pf tha rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATI�NS OF TRUSTE�. The following provisions relating to the powers and obtigations of Trustee are part of this
<br />Deed of 7rust:
<br />Powers of Trustee. In addition to all powers af Trustee arising as a matter pf 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: (a) join in preparing and filing a map or plat of
<br />the Real Praperty, including the dedication of streeta or qther righta to the pu6lic; (6) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) jain in any subordinatipn pr 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 Trustes under applicable law. In addition to the rights and remedies set
<br />forth �b4vP, with respect tCL all pr any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lendar
<br />sha�l heve the right to fareclpae by judicia� foreclosure, in either case in accordance with and to the' fuU 6xtent provlded by appllaable
<br />law.
<br />Successor Trustae. Lender, at Lender's option, may from time to time appoint a successor Trustee ta any Trustee appainted under
<br />this Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the otfice of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to alI other mattars required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or camputer system refarence) 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, shell succeed to all the title,
<br />ppwer, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitutipn of Trustee
<br />shatl govern to the exclusion of all nther provisions for substitutinn.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice af default and any notice af
<br />sala shall �e given in writing, and shall be effective when actually delivered, when actua�ly received by telefacsimile (unless otherwise
<br />required by Iaw1, 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 tq the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclpsure 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 party may change its address for noticss 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 atl 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 nptice given to all 'frustors.
<br />MISCELLANEQUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Desd pf 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 amendmant tp this Dead 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 pr amendment.
<br />Annual Reports. If the Property is used far purposes other than Trustor's residence, Trustor ahall furnish ta l.ender, upon request, a
<br />certified sta#ement of nat pperating income received from the Property during Trustor's previous fiscal year in such form and detail es
<br />Lender shall require. "Net operating income" shall meen all cash receipts frpm the Property less all cash expenditures made in
<br />connectiqn with the operation of the Property.
<br />Caption Haadings. Caption heading5 in this �eed of Trust �re far convenience purposes,�(y a� �re. �ipk to be ug�d tn interpret or
<br />define the provisions of this Deed of Trust.
<br />Msrger. 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 af Trust will be govarned by faderal I�w applicahle #o Lander and, to the extent not preempted 6y fedaral
<br />law, the laws af the Ststa of Ne6raska without regard to ks 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 af the courts of Buffalo
<br />County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not 6e daamad to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on 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 Deed of Trust shall nvt prejudice or consti#ute a waiver of Lender's
<br />right otherwise to demand strict compliance with th�t prnvision or any athar prqvisian qf this Desd of Trust. No prior waiver by
<br />Lender, npr any caurse of dsaling between Lender and Trustor, shall constitute a waiver of any of Lender's rights or ot any of
<br />Trustor's pbligations 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 consant is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust ta be illegal, invalid, or unenforceable as to
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