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201106770
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph
<br />of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any
<br />appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses
<br />Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
<br />rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
<br />of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
<br />limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
<br />stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for
<br />the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br />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 and obligations of Trustee are
<br />part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take
<br />the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and
<br />filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting
<br />any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement
<br />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 law. In addition to the rights and
<br />remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by
<br />notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and
<br />to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may 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 office of
<br />the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other matters required by
<br />state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference)
<br />where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be
<br />executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The
<br />successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the
<br />Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
<br />exclusion of all other 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
<br />notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile
<br />(unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when
<br />deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
<br />near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over
<br />this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may
<br />change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the
<br />purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all
<br />times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />ADDITIONAL TERMS. If Trustor is a revocable trust and if the provisions of the agreement governing such revocable trust do
<br />not specifically authorize the execution and delivery of this Deed of Trust or Mortgage, the provisions of such agreement are
<br />hereby automatically amended to authorize such revocable trust to execute and deliver this Deed of Trust or Mortgage and to
<br />fully perform all provisions hereof. For this purpose, Trustor(s) executes this Deed of Trust or Mortgage as both Trustor(s) and
<br />Trustee(s) of such revocable trust.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of
<br />Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
<br />alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender,
<br />upon request, a certified statement of net operating income received from the Property during Trustor's previous fiscal
<br />year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the
<br />Property less all cash expenditures made in 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
<br />interpret or 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
<br />in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
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