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2QiiQ865C <br />DEED OF TRUST <br />Loan No: 2935477005 (Continued) Page 8 <br />collection services, the cost of searching records, obtaining title reports (including forec(osure reports), surveyors' <br />tepor[s, and appraisal fees, 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. Tn�stee 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 <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 shail have the power to <br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) jan in <br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to ihe <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 7rust. <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 all or any part of the Property, the Trustee shall have the right to <br />foreclose by notice and sale, and Lender shail have the right to foreclose by judiciai foreclos�re, in either case in <br />accordance with and to the futl extent provided by appticable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee <br />appo)nted under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the <br />o�ce of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to atl 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 shali be executed and acknowledged by all the beneficiaries 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 conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govem to the exclusion of all other provisions for substitution. <br />NOTICES. My notice required to be given under this Deed of Trust, including without limitation any notice of default <br />and any notice of sale shail be given in writing, and shall be effective when actually delivered, when actually received <br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized ovemight courfer, or, if <br />mailed, when deposited in the United States mail, as first class, certified or registered maii postage prepaid, 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 shail 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 agrees to keep Lender informed at all times of Trustor's cuRent address. Unless otherwise provided <br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br />given to a!I Trusiors. � <br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may seli or transfer aH or part of this loan to one or <br />more purchasers, whether related or unrelated to Lender, (b) Lender may provide to any purchaser, or potential <br />purchaser, any informatio� or knowledge Lender may have about the parties or about any other matter relating to this <br />loan obligation, and the parties waive any rights to privacy it may have with respect to such matters; (c) the purchaser <br />of a loan will be considered its absolute owner and will have all the rights granted under the loan documents or <br />agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests irrespective of any <br />claims or defenses that the parties may have against Lender. <br />FACSIMILE AND COUNTERPART. 'fhis document may be signed in any number of separate copies, each of which shail <br />be effective as an originai, but all of which taken together shall constitute a single document. An ele�tronic <br />transmission or other facsimile of this document or any related documen! shall be deemed an original and shall be <br />admissible as evidence of the document and the signer's execution. <br />DEFINITlOM OF INDEBTEDNESS. The definition of "Indebtedness" herein includes, without limitation, att liability of <br />Borrower or other party having its obligations to Lender secured by this Deed of Trust, whether tiquidated or <br />unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance of ail other <br />obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar <br />transaction or arrangemenY howsoever described or defined) at any time entered into with Lender in connection with the <br />Note. <br />ENCUMBRANCES. Grantor/MortgagorlTrustor shall not, without Lender's consent, mortgage, assign, grant a lien upon <br />or security interest in, or otherwise encumber the Property or any interest in the Property, or allow such a lien or <br />security interest to exist or arise, whether voluntarily, involuntarily or by operation of law, except for liens and security <br />interests in favor of Lender, or property taxes attributable to the Property which are not past due. <br />APPRAISALS, FEES AND EXPENSES. Grantor/Trustor agrees that Lender may obtain appraisals and reappraisals and <br />pertorm property evaivations and appraisal reviews of the Real Property when required by the regulations of the Federal <br />12eserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency, or at such other times <br />as Lender may reasonabiy require. Appraisats shaN be performed by an independent third party appraiser selected by <br />Lender; property evaluations and appraisal reviews may be pertormed by third party appraisers or appraisers and staff <br />