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Loan No: 101251264 <br />DEED OF TRUST 2 012 0 2 6 4� <br />(Continued) <br />Page 8 <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shell be entitled to enforce this Deed <br />of Trust and any other security now or hereafter held by Lender or Trustee fn auch order and manner as they or <br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related <br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or independently, from time to time and es often as may be deemed expedient by Trustee or Lender, <br />end either of them may pursue inconsistent remedies. Nathing in this Deed of Trust shall be construed as <br />prohibiting Lender from seeking a deficiency judgment ageinst the Trustor to the extent such actlon is permitted by <br />law. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, end an election to <br />make expenditures or to take ection to perform an obligation of Trustor under this Deed of Trust, efter Trustor's <br />failure to perform, shail not affect Lender's right to declere a default and exercise its remedies. <br />Request for Notice. Trustor, on behelf of Trustor end Lender, hereby requesta thet a copy of any Notice of Defeult <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them et the eddresses set forth in the first <br />paragreph 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 reasonable as attorneys' fees at triel <br />and upon eny appeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs thet in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become e part of tha Indebtedness peyeble on demend end shall bear <br />interest at the Note rete from the date of the expend(ture until repaid. Expenses covered by this paragreph include, <br />without limitation, however subject to any limits under appliceble law, Lender's ettorneys' fees and Lender's legel <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(lncluding efforts to modify or vecete any automatic stey or injunction), appeals, and any enticipated post-judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyora' <br />reports, and eppraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble 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 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 />ere part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee erising as a matter of law, Trustee shall have the power to <br />teke the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in <br />preparing end 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 effecting this Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. Trustee shell 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 shall heve the right to foreclose by judicial foreclosure, in efther case in <br />eccordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, mey 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 end 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 Lander, Trustee, end Trustor, the book and pege (or <br />computer system reference) where this Deed of Trust is recorded, and the neme and address of the successor <br />trustee, and the instrument shall be executed and ecknowledged by all the beneficlaries 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 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 limitetion 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 telefecsimile (unless otherwise required by law), when deposited with a netionally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as first class, certified or registered meil 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 ot <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 current address. Unless otherwise provided <br />or required by law, if there is more then one Trustor, eny notice given by Lender to any Trustor is deemed to be notice <br />given to all Trustors. <br />