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� ' N ''" � r � DEED OF TRUST 2 012 0 4 8 7 7
<br />Loan No: 101253832 (Continued) Page 8
<br />of Trust and any other security now or hereafter held by Lender or Trustee in auch order end manner as they or
<br />either of them mey in their ebsolute 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 lew provided or permitted, but
<br />each shall be cumulative and ehell be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at lew or in equity or by stetute. 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 may be otherwiae entitled, may be exerciaed,
<br />concurrently or independently, from time to time end ea often as may be deemed expedient by Trustee or Lender,
<br />end either of them may pursue inconsistent remediea. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deflciency judgment ageinst the Trustor to the extent such ection is permitted by
<br />lew. Election by Lender to pursue any remedy shall not exclude pursuit of eny other remedy, end en election to
<br />make expenditures or to take action to perform an obUgatton of Trustor under this Deed of Trust, efter Trustor's
<br />feilure to perform, shall not affect Lender's right to declere a default and exercise its remedies.
<br />Request for Nottce. Trustor, on behalf of Trustor end Lender, hereby requests that e copy of any Notice of Default
<br />and e copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />peragreph of this Deed of Trust.
<br />Attorneys' Fees; F�cpenses. If Lender institutea any auit or ection to enforce eny of the terms of this Deed of
<br />Trust, Lender shell be entitled to recover such sum es the court may adjudge reasonable as attorneys' fees et trial
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessery at any time for the protection of its
<br />interest or the enforcement of its rights shall become e part of the Indebtednesa payable on demend end shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. F�cpenses covered by this paragraph include,
<br />without limitation, however subject to any limits under epplicable 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 vacete any eutomatic stay or injunctian), appeals, end any entfcipeted post-judgment
<br />collection services, the cost of searching records, obteining title reports (including foreclosure reports), aurveyors'
<br />reports, end appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble lew.
<br />Trustor elso will pay eny court costs, in addition to sll other sums provided by law.
<br />Rights of Trustee. Trustee shell have ell 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 />are pert of this Deed of Trust:
<br />Powers of Trustee. In eddition to all powers of Trustee erising as a matter of lew, Trustee shali 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 eny 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 intereat of Lender under thls Deed of Trust.
<br />Trustee. Trustee shall meet ell qualifications required for Trustee under eppUcable law. In eddition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shell heve the right to
<br />foreclose by notice end sele, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordence with and 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 and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shell contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, end Trustor, the book and pege (or
<br />computer system reference) where this Deed of Truat is recorded, and the neme end address of the successor
<br />trustee, end the instrument ahall be executed and acknowledged by all the beneficiariea under this Deed of Trust or
<br />their successors in interest. The succesaor trustee, without conveyance of the Property, shall succeed to all the
<br />title, powe�, and duties conferred upon the Trustee in this Deed of Trust and by appiiceble 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 eny notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacaimile (unless otherwise required by law), when deposited with a netionally recognized overnight courier, or, if
<br />mailed, when deposited in the United States meil, as first cless, certitied or registered mail postege 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 eddress, as shown near the beginning of
<br />this Deed of Trust. Any party mey chenge its address for notices under thla Deed of Trust by giving formel written
<br />notice to the other perties, specifying that the purpoae of the notice fs to chenge the perty's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current addresa. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice
<br />given to etl Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of thls Deed of Trust:
<br />AmendmeMs. This Deed of Trust, together with eny Related Documents, constitutes the entire understending end
<br />agreement of the parties as to the matters set forth in this Deed of Trusi. No elteration of or amendment to this
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