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<br />Loan No: 7 01240848
<br />'`� �> DEED OF TRUST 2 01 l 0 3 3 0�
<br />(Continued)
<br />Page 6
<br />to time and es often es may be deemed expedient by Trustee or Lender, end either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative end may be exercised alone or together. If Lender
<br />decfdes to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in defeult and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor end Lender, hereby requests thet e copy of any Notice of Default and a copy of any
<br />Notice of Sele under this Deed of Trust be meiled to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; F�cpenses. If Lender institutea eny suit or actian to enforce eny of the terms of this Deed of Trust, Lender shell be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial end upon any appeal. Whether or not any
<br />court ection is involved, and to the extent not prohibited by law, all reasoneble expenses Lender incurs thet in Lender's opinion are
<br />necessary at any time for the protect(on of its interest or the enforcement of its rights shall become a part of the Indebtedness payeble
<br />on demend end shall beer interest at the Note rate from the date of the expenditure 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 expenses,
<br />whether or not there is a lawsuit, including attorneys' feas end expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunctionl, appeats, and any anticipated post-judgment collection serv(ces, the cost of seerching
<br />records, obteining title reports (including forectosure reportsl, surveyors' reports, end appraisal fees, title insurance, end fees for the
<br />Trustee, to the extent permitted by applicable lew. Trustor also will pay any court costs, in eddition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have ell of the rights and duties of Lender as set forth in this section.
<br />�OWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligatlona of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising es a matter of lew, Trustee shell have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: ia) jo(n in prepering and filing e mep or plat of
<br />the Real Property, including the dedicetion of streets or other rights to the public; (b) join in grenting eny easement or creating any
<br />restriction on the Real Property; end (c) join in eny subordinetion or other agreement effecting this Deed of Truat or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appl(ceble law. In addition to the rights end remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shali have the right to foreclose by notice end sele, and Lender
<br />will have the right to foreclose by judiciel foreciosure, in either cese in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, et Lender's option, may from time to time appoint e successor Truatee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed end acknowledged by Lender end 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, end Trustor, the book and pege (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, end the instrument shall be executed end acknowledged by ell 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 appliceble law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for subst(tution.
<br />NOTICES. Any notice required to be gfven under this Deed of Trust, including without limitetion any notice of default end eny notice of
<br />sale shail 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 nationelly recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first ctass, 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 of any lien which has priority over this Deed of Trust shall be sent to Lender's eddress, es
<br />shown near the beginning of this Deed of Trust. Any person may chenge 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 ia to chsnge the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current eddress. 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 />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a pert 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 wlth 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 obUgated 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 fnterest 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 capecity, without the written consent of Lender.
<br />tioverning 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 Nebraske without regard to its conflicts of law provlsions. Thls Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor egrees 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 Trustor under this Deed of Trust shall be joint and several, and ell references to Trustor
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