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Loan No: 101251057 <br />DEED OF TRUST � O 1� O� G�� <br />(Continued) Page 7 <br />either of them mey 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 end 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 />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shell be construed as <br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by <br />law. <br />Election of Remedles. All of Lender's rights and remedies will be cumulative and may be exercised elone or <br />together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, <br />after Trustor's failure to do so, thet decision by Lender will not affect Lender's right to declere Trustor in default <br />and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses 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 shell be entitled to recover such sum as the court may adjudga reasonabte es attorneys' fees at triel <br />and upon any appeal. Whether or not eny court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at eny time for the protection of its <br />interest or the enforcement of its rights shall become a pert 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 attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including ettorneys' fees end expenses for benkruptcy proceedings <br />(including effons to modify or vacate any automatic stay or injunction►, appeals, end any anticipeted postyudgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, 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 shell have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions releting 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 shall 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 />prepering 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 eny 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 shell meet all qualifications required for Trustee under applicable law. In eddition to the rights <br />and remedies set forth above, with respect to all or any pert of the Property, the Trustee shall 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 end 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 end recorded in the <br />office of the recorder of HALL County, State of Nebreska. 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 acknowledged by all the beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyence 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 lew. 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 defeult <br />and eny notice of sale shell 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 netionally 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 addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of <br />any lien which hes priority over this Deed of Trust shall be sent to Lender's eddress, es shown near the beginning of <br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying that the purpose 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 law, 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 />