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<br />� DEED OF TRUST ; ,`� O 11 Q� 0 9 7
<br />Loan No: 351�77� � �, (Continued) Page 5
<br />to time and es often as may be deemed expedient by Trustee or Lender, and either of them may pursue incon�ist�nt .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. Election by Lender to pursua any remedy shall not exclude pursuit of any other remedy, and
<br />an electibn to make expentlitures orto take action to perform ar1`obligation of Trustor under this Deed of Trust; after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default end exercise its remedias.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at tha addresses set forth in the first paragreph of this Deed of Trast:
<br />Attomeys' Fees; Expenses. If Lender institutes any suit or action to enfvrce any of the terms of this Deed of Trust, Lender� shall be
<br />entitled to recover such sum as the court mey adjudge reasonabte as attorneys' fees at triel and upon any appeal. Whether or not eny
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs thet in Lender's opinion are
<br />necessary et any time for the protection of its interast or the enforcemant of its rights shall become a part of the Indebtedness payeble
<br />on demand and shall bear interest at the Note rate from the date of the expanditure until repaid. Expenses covered by this p�ragraph
<br />include, without limitation, however subject to eny limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate eny automatic stay or injunction), app�als, and eny enticipated post-judgment collection services, the cost of searching
<br />records, obtaining title repor�s, (including foreclosure reports), sun�eyors' reports, and �ppraisal fees, Yitlp insurance, and fees for the
<br />Trustee, to fhe extenY perrrritted by applicable law. Trustor a�so will pay any court cqsts, in addition to ali other sums Provided by
<br />law.
<br />Rlghts of Trustee. Trustee shall have ail of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In eddition to ali powers of Trustee arising as a matter of 4aw, 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 mep or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any eesement or creating eny
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender undar this Deed of Trust.
<br />Trustee. Trustee shall meet ail qualifications required for Trustee under applicabie law. In addition to the rights and remedies set
<br />forth above,_ with respect to all or any part of the Property, the Trustee shalF have the right to foreclose by notice and sale, arr�l Lender
<br />shall have the right to foreclose by judicial 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 eppoint e successor Trustee to any Trustee appointed undar
<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 Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and 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 trustae, and the instrument shali be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors,_ in interest. The successoc trustee, withaut conveyance of the Property, shall succeed to all the title,
<br />power, end duties conterred upon the Trustee in this Deed o# Trust and by,applicable law. .This procedure : for s,u.bstitution of Trustee
<br />shall govern to the exclusion of all othar provisions for substitution.
<br />`NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall 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 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 to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of'notices of foreclosure from the t�older of any lien whi�h h�s RrPoFit� 8ver this>Dd�d of Tr�st shall'be'sertT to Lender's eddress, as
<br />shown near the beginning of-this -Deed of Trust. Any party m�y cElarrge its address for notices under this Deed:of Trust liy giving formal
<br />written notice to the other perties, specifying thet the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise providad or required by law, if there is more
<br />than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendmerrts. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and egreemeht of the
<br />parties as to the metters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the perty or parties sought to be cherged or bound by the alteration or amendment.
<br />Annual Reports. If tha Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lendet, upon request, a
<br />certified stetement of net operating income received from the Property during Trustor's previous fiscai year in such form and deteil as
<br />Lender shall require. "Net operating income" shall'm�an all cash receipfs from the Prbperty less all cash expenditures made in
<br />connection with the operation of the Property.
<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 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 eny capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law epplicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the Stete of Nebraska without regard to its conflicts of law provisions. This Deed of Trust hes been accepted by
<br />Lender in the Stete of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all referances to Trustor
<br />shall mean each and every Trustor. This means that each T�ustor signing below is responsible for all obligations in this Deed qf Trust.
<br />No Waiver by Lender. Lender shall not ba deemed 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 e waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict complience with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of" dealing between Lendar and TrusYOr, shaH co�istitute a vuaiver of any of Lender's rights or of any of
<br />Trustor`s obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of sucM consent by Lender fn eny instance shall not constitute continuing consent to subsequent instancas where such consent is
<br />required end in all cases such consent may be grented or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdictian finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to'any other person
<br />or circumstence. If feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shell be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, tha illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
<br />Successors end Assigns. Subject to any limitations stated in this Deed of Trust on .transfer of Trustor's interest, thia Deed of Trust
<br />shall be. binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomea
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal witM Trustor's successors with.reference to this
<br />Deed of Trust and the Indebtedness by way of forbearence or extension without releasing Trustor from the obligations of this' Deed of
<br />Trust or liability under the Indebtedness. -
<br />T9me is of tNe Essence.' Time is of the essence in the performance of this Deed of Trust:
<br />Waiver of Homestead Exemption: Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
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