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DEED OF TRUST � 0 � � � S � ,� �
<br />Loan No: 101243968 (Continued) Page 7
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at triel
<br />and upon any appeal. Whether or not eny court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shell become a part of the Indebtedness payable on demend and shell bear
<br />interest at tha Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include,
<br />without limitetion, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />{including efforts to modify or vecate any automatic stay or injunction), appeals, end any anticipated post judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and eppraisel fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble law.
<br />Trustor also will pey any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all 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 end obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In eddition to all powers of Trustee arising as a metter of law, Trustee shall have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />prepering and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in grenting any easement or creating eny restriction on the Real Property; and (c) join in eny
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable lew. In addition to the rights
<br />and remedies set forth ebove, with respect to ell or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender will heve the right to foreclose by judicial foreclosure, In elther case in
<br />accordence with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, mey from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebreska. The instrument shall contatn, in eddition to ell other
<br />matters required by stete law, the nemes of the originel Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, end the name end address of the successor
<br />trustee, and the instrument shetl be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyence of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee 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 limitetion any notice of default
<br />and eny notice of sale shall be given in writing, and shell be effective when ectually deUvered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationelly recognized overnight courier, or, if
<br />mailed, when deposited in the United Stetes ma(I, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All coples of notices of foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, es shown near the beginning of
<br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formel
<br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br />eddress. For notice purposes, Trustor agrees to keep Lender informed at ell times of Trustor's current address. Unless
<br />otherwise provided or required by lew, if there is more than one Trustor, eny notice given by Lender to any Trustor is
<br />deemed to be notice given to ell Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous provisions ere a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Releted Documents Is Trustor's entire agreement
<br />with Lender concerning the metters covered by this Deed of Trust. To be effective, any chenge or emendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the chenge or
<br />amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and ere not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shell be no merger of the interest or estete created by this Deed of Trust with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capecity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be governed by federel law applicable to Lender end, to the extent not
<br />preempted by federel law, the laws of the State of Nebraska without regard to Its conflicts of law provisions. Thls
<br />Deed of Trust has been eccepted by Lender in the Stete of Nebreska.
<br />Chofce of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
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