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Lo�n No: 101247016 <br />paragraph of this Deed of Trust. <br />DEED OF TRUST <br />(Continued) 2 0110 8 7 7 G Pege g <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce sny of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may edjudge reesonable as attorneys' fees at trial <br />and upon any appeal. Whether or not any court action is invoived, and to the extent not prohlbited by law, all <br />reasonable expenses Lender incurs that fn Lender's opinion are necessary et any time for the protection of its <br />interest or the enforcement of its rights shall become e part of the Indebtedness payable on demand and shall bear <br />interest at the Note rete from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitetion, however subject to eny limits under eppliceble law, Lender's ettorneys' fees and Lender's legel <br />expenses, whether or not there 1s a lewsuit, inciuding attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any eutomatic stay or injunction), appeals, end any anticipated post-judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, 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. Trustee shall have ell 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 powera of Trustee arising as a matter of law, Trustee shell have the power ta <br />take the following ections with respect to the Property upon the written request of Lender end Trustor: (a) join in <br />preparing and filing a map or plat of the Real Property, (ncluding 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; end (c) join in any <br />subordination or other agreement effecting this Deed of Trust or the interest of Lender under thfs Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable lew. In addition to the righta <br />and remedies set forth above, with respect to all or any part of the Properry, 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 />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 ecknowledged by Lender and recorded in the <br />office of the recorder of HALL County, Stete of Nebraska. The (nstrument shall contain, (n eddition to all other <br />matters required by state law, the names of the originel 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 acknowledged by all the beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyence of the Property, shell succeed to all the <br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by epplicable 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 actually received <br />by telefacsimile (unless otherwise required by lawl, when deposited with a netionally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as first class, certifled or registered ma11 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 shall be sent to Lender's eddress, 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 perties, specifying that the purpose of the notice is to chenge the party's eddress. For notice <br />purposes, Trustor egrees to keep Lender informed at ali times of Trustor's current address. Unless otherwise provided <br />or required by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice <br />given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together wfth 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 <br />Deed of Trust shall be effective unless given in writing end signed by the party or parties sought to be charged or <br />bound by the alteration or emendment. <br />Annual Reports. If the Property is used for purposes other then Trustor's residence, Trustor shall furnish to <br />Lender, upon request, e certified statement of net opereting income received 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 mede 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 <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 any time held by or for the benefit of Lender in any capaclty, without the written consent <br />of Lender. <br />Governing Law. This Deed of Trust will be governed by federal law appliceble to Lender and, to the extent not <br />