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<br />Loan No: �'01252$1_��; t� ' " �:.o
<br />DEED OF TRUST � p 12 � 4 2 7�.
<br />(Continued) Page 7
<br />assignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement, whether by court
<br />ection or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in eny
<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 thet Trustee end Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and menner 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 shell be cumulative end shell 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 Releted
<br />Documents to Trustee or Lender or to which either of them mey be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as 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 shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such ection is permitted by
<br />law.
<br />Election of Remedies. All of Lender's rights end remedies will be cumulative and may be exerciaed alone or
<br />together. If Lender decides to apend money or to perform any of Trustor's obligations under this Deed ot Trust,
<br />efter Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in defeult
<br />and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behelf of Trustor and Lender, hereby requests that a copy of any Notice of Defeult
<br />and a copy of any Notice of Sele under this Deed of Trust be mailed to them et the addresses set forth in the flrst
<br />paragreph of this Deed of Trust.
<br />Attomeys' 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 es the court may adjudge reasonable as attorneys' fees at triel
<br />and upon any appeal. Whether or not eny court action is involved, end to the eutent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time for the protection of its
<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 until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's ettorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees end expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any autometic stay or injunction►, appeals, end any enticipeted post-judgment
<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 appliceble law.
<br />Trustor also will pay any court costs, in eddition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall heve 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 arising as e matter of law, Trustee shell have the power to
<br />take the following ections with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />prepering end filing e mep 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 Properly; 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 shall meet all qualificetions required for Trustee under applicable law. In addition to the rights
<br />and remedies sat torth 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 />accordence with and to the full e�ctent provided by applicable law.
<br />Succ�ssor 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 and recorded in the
<br />office of the recorder of HALL County, Stete of Nebraska. The instrument shell contain, in addition to all other
<br />matters required by state lew, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer syatem reference) where this Deed of Trust is recorded, and the neme and address ot the successor
<br />trustee, and the instrument shall be executed end acknowledged by all the beneficieries 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 limitation any notice of default
<br />and any 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 law1, when deposited with a nationelly 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 eddresses 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 chenge 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
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