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<br />Attomeys' Fees; F�cpenses. If Lender instifutes any suit or action to enforce� ariy of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeaL Whether or not any
<br />court action is involved, and to the extent not prohibited by law, alI reason��Olq expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of jts cights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expe4iditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable lavy;'�.ender's attomeys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attomeys' fees and expenses f�r' b�ankruptcy proceedings (including efforts to modiiy or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated pi�st-�udgment collection services, the cost of searching
<br />records, obtaining Utle reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the eutent permitted by applicable law. Trustor also will pay ar��t dourt costs, in addition to all other sums provided by
<br />law. � , :
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as;�e� forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating t� �th� powers and obligations of Trustee are part of this
<br />Deed of Trust: �' '
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<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter af lai�v, Trustee shall heve 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 Property, including the dedication of streets or other rights to the �ublic; (b1 join in granting any easement or creating any
<br />restriction on the Real Property; and (ci join in any subordination or other epr�ement affecting 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 ap�ilic�ble law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall 4tave the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accor�lai�ce with and to the full extent provided by applicable
<br />law. ,
<br />Successor Trustee. Lender, at Lender's option, may from time to time app6int�a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed end acknowledged by Lender aind�recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other riiatrcers required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referenGe► where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed artd �acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without cd►�v�yance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by a��IPcable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution. b r
<br />NOTICES. Any noUCe required to be given under this Deed of Trust, including witht�ut limitation any notice of default and any notice of
<br />sale shall be given� in writing, and shall be effective when actually delivered, wheri actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized ovemight courier, or, ii� mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepeid, directed to the addresse�s s�own near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority ovet thBs Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change 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 a# the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's�!cuPrent address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustar 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. �'; 1
<br />OCCUPANCY. Borrower shall occupy, establish, and use the Property as Borrowe�;s �rincipal residence within 60 days after the execution
<br />of this Security Instrument and shall continue to occupy the Property as Borrower�s pjrincipal residence for the term of the loan. Failure to
<br />occupy the property as the borrower's personal residence shall be an event of def ult�
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a parF;pf Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related;Qp�cuments is Trustor's entire agreement with 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 obligated by the chartge`or amendment.
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<br />Caption Headings. Caption headings in this Deed of Trust are for convenie�ce ; 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 estate created by thig° D�ped 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, witht�ut the written consent of Lender.
<br />Goveming Law. This Deed of Trust will be govemed by federal lew applicablp 4b Lender end, to the e�ctent not preempted by federal
<br />law, the Iaws of the State of Nebraska without regard to its conflicts of law p�ovisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska. �(� I�
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request 'to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska. �' ��';
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust sfiall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing belbw� is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understends Lender will not give up any of Ler�dQ4's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will;r�oti mean that Lender has given up that right If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean triis'tor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent� ta a request, that does npt mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor f�r,ther understa�ds that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be require�i !ta consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor. { ;
<br />Severability. If a court finds that any provision of this Deed of Trust is not v�lic�,'or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore; a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid; or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of T}�ust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successor� ¢�nd assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, m�y deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension withiawt;releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this De�d df Trust.
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<br />Waiver of Homestead F�cemption. Trustor hereby releases and waives all rigF� , R�s� : �gs, c�
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust. ,������ .�, g� ,,
<br />DEFINITIONS. The following words shall have the following meanings when used � Iti����a�f?'�ust: '. _ _ Y „
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<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors. a�d assigns.
<br />Borrower. The word "Borrower" means Brian L Hansen and Jennifer R HensQn �nd includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trus# amor�g :Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Person�l Flraperty and Rents.
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