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�" E � , � 4 �,. � ? R'� � <br />;, <br />Loan No: 1 0 7 2521 25 <br />DEED OF TRUST 2 ��� 2 Q � 7 �� <br />(Continued) Page 7 <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, 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 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 eny 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 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 e deficiency judgment against the Trustor to the extent such action is permitted by <br />law. <br />Election of Rem�dies. All of Lender's rights and remedies will be cumulative and may be exercised alone 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, that decision by Lender will not affect Lender's right to declare Trustor in default <br />and to exercise Lender's remedies. <br />Raquest for Notice. Trustor, on behalf of Trustor end Lender, hereby requests that a copy of any Notice of Default <br />and a copy of any Notice of Sale dnder this Deed of Trust be mailed to' them at the add�esses set forth in the first <br />paragreph�of shi§ DeeB'of 7rust: " • <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 reasoneble as attorneys' fees at trial <br />and upon any appeal. Whether or not eny court ection is involved, and to the extent not prohibited by law, all <br />reasoneble expenses Lender incurs that in Lender's opinion are 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 attorneys' fees and Lender's legal <br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or injunction), eppeals, and any enticipated post-judgment <br />collection services, the cost of searching records, obteining title reports (including foreclosure reportsl, surveyors' <br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the eMent permitted by epplicable law. <br />Trustor also will pay eny court costs, in addition to all other sums provided by law. <br />Rights of Trustea. Trustee shall have all of the rights end duties of Lender as set forth in this section. <br />POWERS AND OBLIOATIONS 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 shell 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 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 eny restriction on the Real Property; and (c) join in any <br />subordination or other agreement affacting 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 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 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, et Lender's option, may from time to time appoint e successor Trustee to eny Trustee <br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the <br />o,ff. ice of the rec�rder pf HALL County, State of Nebraska. The instrument shaU contain, in eddition to all other <br />matters required liy stafe law, the names of the original'Lend'er, � TNstee, and Tru'stor, the book and pege (or <br />computer system reference) where this Deed of Trust is recorded, end the name and address of the successor <br />trustee, and the instrument shall be executed and acknowledged by ell the beneficiaries 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 end 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 defeult <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 nationally recognized overnight courier, or, if <br />mailed, when deposited in the United Stetes 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 notice to the other person or persons, specifying that the purpose of the notice is to chenge 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 />