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DEED OF TRUST <br />(Continued) � Q � � 0 � � � � Page 6 <br />and efther of them may pursue inconsistent remedfes. Nothing in this Deed of Trust shall be consUued as <br />prohibiUng Lender from seeking a deflciency judgment against the Trustor to the extent such action ts permitted by <br />law. <br />Election of Ramedies. All of Lender's rights and remedies will be cumulaUve and may be exercised alone or <br />together. If Lender decides to spend money or to pertorm any of Trustor's obligations under this D�d of Trust, <br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default <br />and to exercise Lender's remedies. <br />Request for NoUce. 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 flrst <br />paragraph of this Deed of Trust. <br />Attomeys' Fees; Expenses. If Lender insUtutes any suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shall be entiUed to recover such sum as the court may adjudge reasonable as attomeys' fees at Mal <br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, ail <br />reasonable expanses Lender incurs that in Lender's opinion are necessary at any tlme for the protection of fts <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure untft repaid. Expenses covered by th(s paragraph include, <br />without limitation, however subject to any limits under applicable law, LendePs attomeys' fees and Lender's legal <br />expenses, whether or not there is a lawsu(t, including attomeys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or inJunetlon), appeals, and any anticipated post judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' <br />reports, and appraisal fees, tiUe 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 all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBUGATIONS 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 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 />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 affecUng this Deed of Trust or the interest of Lender under this Deed of Trust <br />Trustee. Trustee shall meet all quaUflcaUons required for Trustee under applicable law. In addRion to the rights <br />and remedfes set forth above, with respect to all or any part of the Property, the Trustee shall have the right to <br />foreclose by noUce and sale, and Lender will 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 opUon, may from time to time appoint a sucxessor Trustee to any Trustee <br />appointed 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 addftion to all other <br />matters required by state law, the names of the origfnal Lender, Trustee, and Trustor, the book and page (or <br />computer system reference) where this D�d 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 beneflciaries under this Deed of Trust or <br />their successors in interest. The successor trustee, w(thout conveyance of the Property, shall succeed to all the <br />title, power, and duties confened upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shalt govern to the exclusion of all other provisions for subsUtution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any noUce of default <br />and any notice of sale shall be given in writing, and shall be effective when actualty delivered, when actually received <br />by telefacsimile (unless othervvise required by taw), when deposfted with a nationally recognized overnight courier, or, if <br />maited, 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 has priority over this Deed of Trust shall be sent to Lender's address, as 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 noUce to the other person or persons, specifying that the purpose of the notice (s 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 ail Trustors. It will be Trustors responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this D�d of Trust: <br />Amendments. What is written in this D�d of Trust and in the Related Documents is Trustor's entire agreement <br />with Lender concerning the matters covered by this Deed of Trust To be effective, any change oc amendment to <br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or <br />amendment. <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 wkh any other interest or <br />estate in the Property at any tlme held by or for the benefit of Lender in any capacity, without the written consent <br />of Lender. <br />Goveming Law. This Deed of Trust wlll be govemed by federal law applicable to Lender and, to the eutent not <br />preempted by federal law, the laws of the State of Nebraska wRhout regard to its conflicts of law provisions. This <br />Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the <br />courts of Hall County, State of Nebraska. <br />Jolnt and Several Liabillty. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and <br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean <br />each and every Borrower. This means that each Trustor signing below Is responsible for all obligations in this Deed <br />of Trust <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust <br />unless Lender does so in wriUng. The fact that Lender delays or omits to exercise any right will not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Trustor will not have to comply with the other provisions of this D�d of Trust. Trustor also understands <br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent <br />again if the situaUon happens again. Trustor further understands that just because Lender consents to one or more <br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. <br />Trustor waives presentment, demand for payment, protest, and notice of dishonor. <br />Severabtlity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />