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' DEED OF TRUST � o�� d 3�. �''�
<br />Loan No: 101239912 (Continued) Page 7
<br />an election to make expenditures or to take ection to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare e default and exerclse its remedies.
<br />Requast for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of eny Notice of Defeult and a copy of any
<br />Notice of Sate under this Deed of Trust be mailed to them at the eddresses 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 mey adjudge reesonable as attorneys' fees at triel and upon any appeel. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, ell reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary et eny time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demend and shell bear interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitatton, however subject to eny limits under epplicable lew, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenaes for bankruptcy proceedings pncluding efforts to modify or
<br />vacate any automatic stay or injunction►, appeals, and any enticipated post judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable lew. Trustor also will pay any court costs, in addltion to elt 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 thls section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions releting to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powars of Trustee. In addition to all powers of Trustee arising as a metter 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: (a) join in prepering end filing a map or plat of
<br />the Real Property, including the dedicetion of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; end (c) join in any subordination or other agreement effecting 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 end remedies set
<br />forth ebove, with respect to all or any pert of the Property, the Trustee shalt have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judiciel 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 s successor Trustee to any Trustee eppointed 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 Nebreska. The instrument shall contain, in eddition to all other metters required by state law, the nemes of the original
<br />Lender, Trustee, end Trustor, the book and page (or 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 end 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 end 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 eny notice of
<br />sale shall be given in writing, end shell be effective when actually delivered, when actually received by telefacsimile (unless othervvise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if ineiled, when deposited in the United Stetes mail, as
<br />first class, certified or registered mail postege 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, es
<br />shown near the beginning of this Deed of Trust. Any parry 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 />egrees to keep Lender informed et 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 deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provislons are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Releted Documents, constitutes the entire understanding and agreement of the
<br />parties es to the matters set forth in this Deed of Trust. No alteretion of or amendment to this Deed of Trust shell be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the elteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, e
<br />certified statement of 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 less all cash expenditures made in
<br />connection with the operatian of the Property.
<br />Captlon Headings. Caption headings in this Deed of Trust ere for convenience purposes only and ere not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Mergar. There shalt 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 cepacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lende► and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska wlthout regard to i� conflicts of law provistons. 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 />Joint and Several Liability. All obligetions of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each end every Trustor, and all references to Borrower shall mean each and every Borrower. This
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