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<br />Loan No: 7 01254750
<br />� DEED OF TRUST 2 012 0 5 5 2'�
<br />(Continued)
<br />Page 8
<br />Lender, is intended to be exclusfve 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 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 rernedy given by the Note or any of the Related
<br />Documents to Trustee or Lender or to which either of them ma.y,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 'fhis Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trus;or to the extent such ection is permitted by
<br />law. Election by Lender to pursue eny remedy shall not exclude pur,$uix any other remedy, end an election to
<br />make expenditures or to take action ta perform en obligation of Trus�orur�der this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender'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 tNe first
<br />paragraph of this Deed of Trust,
<br />Attorneys' Fees; F�cpenses. If Lender institutes eny suit or action to enforce any of the terms of this Deetl of
<br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees et trial
<br />and upon any appeai. 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 n�cessary et any time for the protection of its
<br />interest or the enfarcement of its rights shall become a part of the Indebtedness peyable on demand and shall beer
<br />interest at the Note rate from the date of the expenditure until re�aid.' Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legel
<br />expenses, whether or not there is a lawsuit, including attorneys' fees, and expenses for bankruptcy proceedinga
<br />(including efforts to modify or vacate any eutomatic stay or injunction►,.sppeals, and any anticipated 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 applicable law.
<br />Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shell heve all of the rights end duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers end obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all pawers of Trustee arising as a matter of law, Trustee shall have the power to
<br />take the following actions with respect to the Property upon the written rQquest of Lender and Trustor: (a) join in
<br />preparing and filing a mep or plat of the Real Property, including the dedication of streets ar other rights to the
<br />public; (b) join in granting any easement or creating any restrictior�' on the Reel Property; and (c) join in any
<br />subordination or other egreement effecting this Deed of Trust or the intelrest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee unc�er appliceble lew. In addition to the rights
<br />and remedies set forth above, with respect to ell or any part of the P,r,pperty, the Trustee shall have the right to
<br />foreciose by notice and sele, and Lender shall have the right to forec�ose 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 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 ot the recorder of HALL County, State of Nebraska. The instrument shell contain, in addition to all other
<br />matters required by state law, the nemes of the original Lender, Trustee, and Trustor, the book end pege (or
<br />computer system reference) where this Deed of Trust is recorded, and the name end eddress of the successor
<br />trustee, and the instrument shell 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 and by epplicable 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 shall be given in writing, and shall be effective wheh actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law►, when deposited with e riationelly recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postege prepaid, directed ta
<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 may change its eddress for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at etl times of Trustor's current address. 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 all Trustors,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are. a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documen�s,: constitutes the entire underatanding and
<br />agreement of the parties es to the matters set forth in this Deed afi TrWSt: iVo alteration of or amendment to this
<br />Deed of Trust shell be effective unless given in writing and signed N�y the p�rty or parties sought to be charged or
<br />bound by the alteration or amendment. �'
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