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Loan No: 101241106
<br />DEED OF TRUST 2 0110 3 6 5 4
<br />iContinued)
<br />Page 7
<br />court action is involved, and to the extent not prohibtted by law, all reasonable expenses Lender incurs that tn lender's opinion are
<br />necessary at any time for the protection of its fnterest or the enforcement of its rights shall become a part of the Indebtedness peyable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repeid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any ilmits under applicable law, Lender's ettorneys' fees and Lender's legal expenses,
<br />whether or not there is e lawsuit, including ettorneys' tees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vecate any eutomatic stay or injuncttonl, appeals, and any anticipated post-Judgment collection services, the cost of searching
<br />records, obtaining title reports (Including fareclosure reports), surveyors' reports, end appraisal fees, title Insurance, and feas for the
<br />Trustee, to the extent permittsd by applicable law. Trustor also will pey any court costs, in additton to all other sums provided by
<br />law.
<br />Rights of Trustse. Trustee shall have all ot the rights and duties of Lender es set forth in this sectlon.
<br />POWERS AND OBLIGATIONS OF 7RUSTEE. The following provisions relating to the powers end obligetions of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In additlon to all powers of Trustee arising as a matter of law, Trustee shall have the power to teke the following
<br />ections with respect to the P�operty upon the written request of Lender and Trustor: la) join in preparing and filtng 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; and (c) join in any subordinstion or other agreement affecting this Dsed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustes. Trustee shall meet all qualiftcat(ons required for Trustee under applicable law. In eddition to the rlghts and remedies set
<br />forth above, with respect to all or eny part of the Property, the Trustee shall have the right to foreclose by notice and sele, end Lender
<br />shall have the rtght to foreclose by judlc)al foreclosure, (n either cese in accordance with end to the full extent provided by appiicable
<br />law.
<br />Successor Trustee. Lender, at Lender's optlon, mey from time to time eppoint a successor Truetee to any Trustee appointed under
<br />this Deed of 7rust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder ot HALL County,
<br />State of Nebreska. Tha instrument shall conteln, tn addition to all other matters requlred by state law, the names of the originai
<br />Lender, Trustee, end Trustor, the book end page (or computer system reference) where thts Deed of Trust is recorded, and the name
<br />end eddress of the successor trustee, and Che instrument shall be executed and acknowledged by all the beneficiaries unde� this Deed
<br />of Trust or thefr successors in interest. The successor trustee, without conveyence of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. Thls 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 thts Deed of Trust, including without limttation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually dellvered, when ectually received by telefacsimile (unless otherwise
<br />�equired by law), when deposited with a natfonally recognized overnight courier, or, if mailed, when deposited in the Unit�d States mail, as
<br />first class, 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 ahall be sent ta Lender's address, as
<br />shown near the beglnning of this Deed of Trust. Any party may chenge (ts address for notices under this Deed of T�ust 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, 7rustor
<br />agrees to keep Lender informed at all times of 7rustor's current address. Unless otherwise provtded or required by lew, if there is more
<br />than one Trustor, any notice glven by Lender to any Trustor is deemed to be notica given to all Trustors.
<br />MISCELLA�tEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Deed of Trust:
<br />Amendmerits. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />partles es to the matters set forth in this Deed ot Trust. No alteration of or emendment 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 tor purposes other then Trustor's residence, Trustor shall furnish to Lender, upon request, a
<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 shali tequire. �"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the opsration of the Property.
<br />Caption Headings. Caption headings in this peed of Trust ere for convenience purposes only and are not to be used to interpret or
<br />detine the provisions of this Deed of Trust.
<br />Merger. There shell 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 />Goveming Law. This Deed ot Trust will be govemed by federal law appficable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska wlthout regard to lts confltcts of law provisions. This Deed of T►ust has been accepted by
<br />Lender in the State of Nebraska.
<br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictlon ot the courts of Hal{ County,
<br />Stete of Nebreska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shell be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means thet eech Trustor signing below is reaponsible for all obligations in this Deed of Trust,
<br />No Waivsr by Lender. Lender shell not be deemed to heve waived eny rights under this Deed of Trust unless such walver Is given in
<br />writing end signed by Lender. Na delay or omission on the part of Lender in exercising any right shali operate as a waivar of such
<br />right or any other right. A weiver by Lender of a provision of this Deed of Trust shail not prejudice or constttute a weiver of Lender's
<br />right oth�narise to demand strict compliance with that prov(sion or any other provislon ot this Deed of Trust. No prlor walver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rlghts or of any of
<br />Trustor's obligations as to eny future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
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