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DEED OF TRUST �Q��4"�(��$ <br />Loan No: 101245345 (Continued) Page 7 <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the eddresses set forth in the first <br />paragraph 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 <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasoneble as attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is involved, and to the axtent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitation, however subject to any limits under applicable law, Lender's attornays' 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 vacate any eutomatic stay or injunction), appeals, and any anticipeted post-judgment <br />collection services, the cost of searching records, obteining title reports (inciuding foreclosure reports), surveyors' <br />reports, and appraisal fees, title insurence, and fees for the Trustee, to the extant permitted by applicable law. <br />Trustor also will pay any court costs, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall heve 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 <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shell heve the power to <br />take the following actions with respect to the Property upon tha written request of Lender and Trustor: (a) join in <br />preparing and filing a map or plat of the Real Property, including the dedicetion of atreets or other rights to the <br />public; (b! join in grenting any easement or creating any restriction on the Real Property; and (c) join in any <br />subordination or other egreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. T�ustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights <br />and remedies set forth above, with respect to all or any part of the Property, the Trustea shell have the right to <br />foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in <br />accordance with and 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 <br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other <br />matters required by state law, the names of the original Lander, Trustee, and Trustor, the book and pege (or <br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor <br />trustee, and the instrument shall be executed end acknowledged by all the beneficieries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the <br />title, power, and duties confarred upon the Trustee in this Deed of Trust end 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 limitation any notice of default <br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when ectually received <br />by telefacsimile (unless otherwise required by law), whan deposited with a nationally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepeid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copies 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, as shown near the beginning of <br />this Deed of Trust. Any person may change his or her address for notfces under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying that the purposa of the notice is to change the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless <br />otherwise provided or required by lew, if there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement <br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to <br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change 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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or <br />estate in the Property at eny time held by or for the benefit of Lender in any capacity, without the writtan consent <br />of Lender. <br />Goveming Law. This Dead of Trust will ba governed by federal law epplicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Nebraske without regard to its confllcts of law provisions. This <br />Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lendar's request to submit to the jurisdiction of the <br />