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l �, <br />' �, <br />Loan No: 107253991 � D E Co n nued) �� 12 ����� Pe � <br />assignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />menner 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 mey 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 shall be cumulative and shall be in eddition to every other remedy given in this Deed of Trust or now or <br />hereafter existing et 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 may be othenivise entitled, may be exercised, <br />concurrently or independently, from time to time and es often as may be deemed expedient by Trustee or Lender, <br />end 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 />IeW. <br />Election of Remedies. All of Lender's rights end remedies will be cumulative and may be exercised elone or <br />together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, <br />efter Trustor's feilure to do so, thet decision by Lender will not affect Lender's right to declere Trustor fn default <br />and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Defeult <br />end 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 />paregraph of this Deed of Trust. <br />Attom�ys' Fees; Expenses. If Lender institutes eny suit or ection 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 reasonable as ettorneys' 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 />reasoneble expenses Lender incurs that in Lender's opinion are necessary et 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 shell bear <br />interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragreph include, <br />without limitetion, however subject to eny limits under applicable law, Lender's attorneys' fees and Lender's legel <br />expenses, whether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any eutomatic stay or injunction►, appeals, and any anticipeted post-judgment <br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors' <br />reports, and appraisel fees, title insurance, and fees for the Trustee, to the e�ctent permitted by applicable law. <br />Trustor also will pay any court costs, in addition to all other sums provided by lew. <br />Righta of Trustee. Trustee shall have alI 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 end obligetions of Truatee <br />ere part of thls Deed of Trust: <br />Powera of Trustee. In addition to all powers of Trustee erising as a metter 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 e 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; end (c) joln 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 shell meet atl qualifications 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 heve 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 appliceble law. <br />Successor Trustee. Lender, at Lender's option, may from time to time eppoint 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 Nebraske. 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 page (or <br />computer system reference) where this 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 appliceble law. This procedure for <br />substftution 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 sele shell be given in writing, and shall be effective when actually delivered, when actually received <br />by telefecsimile (unless otherwise required by lewl, when deposited with a nationally recognized overnight courier, or, (f <br />mailed, when deposited in the United States mail, as 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 irom 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, speclfying that the purpose of the notice is to change the person's <br />