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<br />DEED OF TRUST
<br />Loan Na: 9409 (Continued) Page 8
<br />taw. Election by Lender ta pursue any remedy sha€I nat exclude pursuit of any oiher remedy, and an e(eciion to
<br />make expenditures or to take action to per#erm en abligatian oi Trustor under thls Deed of Trust, after Trustor's
<br />failure to pertorm, sFsall not effect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on behal( of Trustor a�d Lender, hereby raquests that a copy oi any IVotice of Dafault
<br />and a copy of eny Notice af Sate under this Deed oi Trust be mailed to ihem at the addresses set forth in the first
<br />paragraph oi this Deed of Trusi.
<br />Attorneys' Fees; Expenses. If Lender insiitutes any su'st or action to enforce any of the terms o# this Oeed of
<br />TrusY, Lender shatl be entiUed Eo recover such sum as the court may ad)udge reasonable as attomeys' fees at triai
<br />and upon any appeai. Whether or not any court ection is involved, and to the extent not prohibited by law, atl
<br />reasonable expenses Lender incurs that in lender's opinian are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall becoma a part of the indebtedness payabie on demand and sha!! bear
<br />interest at the fVote rate from the date of the expenditure untii repaid. Expenses covered by this paragraph inc(ude.
<br />wrthout lim+Fation, hotvever subject to any Iimits under applicable law, Lender's attorneys' tees and Lender's legal
<br />expenses, whether ar not there is a Iawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />iinctuding efforts to modify or vacate eny automatic stay or injunction}, gpAeals, and any anticipaisd post•judgmeni
<br />collection services, the cost of searching records, obtaining title rsports (including toreclosure reports), surveyors'
<br />reports, and appraisa€ fees, titte insurence, and fees for the Trustee, to the extent permitte8 by applicabte taw.
<br />Trustor aiso wiU pay any aourt costs, in aBdition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of l.ender as set forth in this seciion.
<br />POWERS AND OBLIGATi01VS OF 7RUSTEE. 7he followin9 provisions relating to the powers and obiigaiions of Trustee
<br />ere part oi this Oeed of Trust:
<br />Powers of Trustee, In addition to all powers of Trustea arising as a matter ot law, Trustee shall have the power to
<br />take the following actions with respeci to the Property upon the written request of Lender and Trustor: (a► join in
<br />preparing and filing e map or plat oi the Rea! Property, inc(ucfing the dedicatiun oi streets or othet rights to the
<br />pubiic; (b) join in granting any easement or creating any restriction on the Real Praperty; and 10) join in any
<br />subordination or other agreemont affecting this Deed of Trust or the interest ot Lender under this Deed of Trust.
<br />Trustee. 7rustee shall meet all qualifications required for Trustee under applicable taw. In addition to the righis
<br />and remedies set forth above, with respect to aEl or any part of the Prpperty, the Trustee shall have the right to
<br />foreclose Dy notice and sale, and Lender shail have the right io ioreclose by judicial toreclosure, in either case in
<br />accordanoe with and to the fuil exient provided by applicable lew.
<br />Successor Trustee, Lender, at Lsnder's option, may irom time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed ef Trust by an instrument executed and acknowiedged by Lender and �ecorded in the
<br />otfice of t�e recorder of Hell Covnty. S2ate ot Nebraska. The instrumenY shali contain, in add'stion to all other
<br />matters required by state law, the nemes of the original Lander. Trustee, and Trustor, the book and page (or
<br />computer system roterence} where this Oeed o# Trust is recorded, and the name end address oi tha.successor
<br />trustee, and the inst�ument shall be executed and acknowledged by al! the beneficiaries under this Deed of Trust or
<br />their suCCessors in inYerest. The successor truste�, without conveyanCe o# the Praperty, sha(I succeed to ati the
<br />Yiile, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This pracedure for
<br />substitution of Trustee shall govern to the exolusion of all other provisions tor substitution.
<br />NQTICES. Any notiae required to be given under this (?eed ot Trust, inoluding without limitstioh any natice of defau4f
<br />and any notice of sale shall be given irt wrtting, and shaii be effective when actually daliverad, when actually received
<br />by teiefacsimite (untess otharwise required by Isw}, when deposited with a nationalty recognized overnight courier, or, if
<br />mailed, when deposited in the United Stetes mail, es first oless, certified or reglstarad r��ail postage prepaid, direcYed to
<br />tha addresses shown near the bepinning of this Deed of 7rust. All copies of natices oT foreckosure ftont the holder of
<br />any lien which has prionty over this Deed ai Trust shat( be sent to Lender's address, as shown near the treginning ot
<br />this Deed of Trust. Any pany may change its address for notices under this Deed at 7rust by givirsq formal written
<br />notice to the other parties, specifying that the purpose of tlie notioe is to change the party's address. for notioe
<br />�ur�oses, 7rustor agress to keep Lenrter infwmed at alI timas of Trustor's current acidress. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any nptic� given by Lender to any Trustor is deemed to be notice
<br />qiven to al( Trustors.
<br />M15CEltANEOl1S FROVlSEONS, 'fha tollowing miscellaneous provisions are a part oi this Deed of Trust:
<br />Amendments. This Qeed ot Trust, togethe� with any Related Documents, constitutes the entire understanding and
<br />ac�reement of the parties as to the matters set torth in this Deed af Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing artd signed by the pariy or parties sought to Ue charged or
<br />bound by the aiteration or amen8meni.
<br />Annual Reports. If the Property is used for purposes aiher than Trusior's residenca. Trustor shall furnish to
<br />Lender, upon request, e certifisd stetemetsi of nei oRarating income received fram the Property during Trustor's
<br />previous fiscai year in such form and detail as Lender shail require. "Net operating income" shall mean all cash
<br />receipts from the Property Eess afl cash expenditures mada in cannection with the operation of ihs Property,
<br />Caption Headings. Caption headings in this Deed of 7�ust are for convenience purposes only and are noi to be
<br />used to interpret or define the provisions of ihis qeed of 7rust.
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