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� �- DEED OF TRUST �; Q 1� O�"� O 9
<br />Loan No: 101244688 (Continued) P�ge 8
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Eupenses. 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 es tha court may edjudge reasonable as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court ectlon is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are 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 et the Note rate from the dete of the expenditure until repeid. Expenses covered by this peragreph include,
<br />without limitation, however subject to any limits under appllcable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is e lawsuit, including attorneys' fees and expenses for benkruptcy proceedings
<br />(including efforts to modlfy or vacate any automatic stay or lnjunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports lincluding foreclosure reports), surveyors'
<br />reports, and appraisal feea, title insurance, and fees for the Trustee, to the extent 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 torth 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 ell powers of Trustee arising as a matter of law, Trustee shell 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 />preparing 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 granting any easement or creating any restriction on the Real Property; and (c) join in any
<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 law. In addition to the rights
<br />and remedies set forth above, 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 shall have the right to foreclose by judicial foreclosure, in either case in
<br />eccordance with and to the full extent provided by appliceble lew.
<br />Successor Trustee. Lender, at Lender's option, may from time to tlme 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 Nebraske. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (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 and ecknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, wtthout conveyance 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 ell 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 shali be given in wr(ting, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by lawl, when 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 prepaid, directed to
<br />the eddresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any Ilen which has priority over this Deed of Trust shell be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor egrees to keep Lender informed at all times of Trustor's current eddress. Unless otherwise pravided
<br />or required by law, if there is more than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following mfscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with eny Releted Documents, constitutes the entire understanding and
<br />agreement of the parttes as to the matters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shell furnish to
<br />Lender, upon request, a certified statement of net operating income raceived from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made tn 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
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the (nterest or estate 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 capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
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