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. ' DEED OF TRUST 2 012 0 5 3 2�
<br />Loan No: 101254117 (Continued) Page 8
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and
<br />performance of any indebtedness or obiigations secured by this Deed of Trust and to exercise all rights end powers
<br />under this Deed of Trust, under the Note, under any of the Releted Documents, or under eny other agreement or
<br />any laws now or hereafter in force; notwithatanding, some or ell of such indebtedness snd obligations secured by
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the ecceptance of this Deed of Trust nor its enforcemant, 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 any
<br />manner affect Trustee's or Lender's r(ght to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee end Lender, and each of them, shell 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 any other remedy in this Deed of Trust or by lew provided or permitted, but
<br />each shall be cumulative and shall be in eddition 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 may 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 rernedies. Nothing in this Deed of Trust shall ba construed as
<br />prohibiting Lender from seeking a deficiency judgmant against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, end an election to
<br />make expenditures or to teke action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not effect Lertder's right to declare a default and exercise its 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 et the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender irtstitutes any suit or actio,n to enforce ar5y of the terms of this Deed of
<br />Trust, Lender shell be entitled to recover such sum as the court may adjudge reasonable es attorneys' fees at triel
<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 ere necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become e part of the Indebtedness peyable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragreph include,
<br />without limitation, however subject to any limits under applicable law, Lender's ettorheys' fees and Lender's legel
<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), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obteining title reports (includfng foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pey any court costs, in addition to all other sums provided by lew.
<br />Rights of Trustee. Trustee shall have 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 />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to ell powers of Trustee arising as a matter of lew, Trustee shall have the power to
<br />take the following actions with respect to the Properry upon the written request of Lender and Trustor: (s) join in
<br />preparing and filing e mep or plat of the Real Property, including the dedicetion of streets or other rights to the
<br />public; (b) join in granting eny easement or creating eny restriction on the Real Property; and (c) join in any
<br />subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under appliceble 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 heve the right to
<br />foreclose by notice and sale, end Lender shall 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 optibrl, may from tirne to tirne appoirit a successor Trustee to ahy Trustee
<br />appointed under this Deed of Trust by an instrument executed end acknowledged by Lender and 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 pege (or
<br />computer system reference) where th(s 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 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 li�nitetion eny notice of detault
<br />end any notice of sale shall be given in writing, and shall be effective when actually delivered, when ectually received
<br />by telefecsimile (unless otherwise required by law), wherl deposited with a nationally recognized overn(ght courier, or, if
<br />mailed, when deposited in the United States mail, es first class, certified or registered mail postege 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 eddress, as shown near the beginning of
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