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. . . . " ' .. Y 1 � <br />DEED OF TRUST <br />Loan No: 101253472 (Continued) <br />241205�15 <br />Page 8 <br />assignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement, whether by court <br />action or pursuent to the power ot sele or other powers contained in this Deed of Trust, ahall prejudice or in any <br />manner effect Trustee's or Lender's right to realize upon or enforce eny other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee end 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 reaerved to Trustee or <br />Lender, is intended to be exclusive of any other remedy (n thia Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shall be in add(tion to every other remedy given in thla Deed of Trust or now or <br />hereafter existing et law 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 otherwise 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 />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shelt be construed as <br />prohibiting Lender from seeking a deficiency judgment egainst the Trustor to the extent such action is permitted by <br />law. Election by Lender to pursue eny remedy shall not exclude pursuit of any other remedy, and an election to <br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, efter Truator's <br />failure to perform, shall not affect Lender's right to declare a default and exercise its remediea, <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests thet e copy of eny Notice of Defeult <br />and e copy of eny Notice of Sale under thfs Deed of Trust be mailed to them at the addresses set forth in the firat <br />paragreph of this Deed of Trust. <br />Attorneys' Fees; Facpenses. If Lender institutes eny auit or action to enforce any 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 la (nvolved, end 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 shell become a part of the Indebtedness peyable on demend and shall bear <br />interest at the Note rate from the dete of the expenditure until repeid. Expenses covered by this paragraph include, <br />without limitation, however subject to eny limits under applicable law, Lender's attorneys' fees and Lender's legal <br />expenses, whether or not there is e lawsuit, including attorneys' fees and expenaea for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or tnjunctionl, eppeals, and any anticipated post-judgment <br />collection services, the cost of searching records, obtaining title reports Uncluding foreclosure reporta), surveyors' <br />reports, and appreisal fees, tltle insurance, end 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 shall have ell of the rights and duties of Lender as set forth in this aection. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The followfng provisions relating to the powers and obligationa of Trustee <br />ere part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of lew, Trustee ahell heve the power to <br />take the following actions with respect to the Property upon the written request of Lender and Truator: (e) Join in <br />preparing end filing a map or plat of the Real Property, including the dedicetion of streets or other rights to the <br />public; (b) join in grenting any easement or creating any restriction on the Real Property; end (c) join in eny <br />subordination or other agreement affecting 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 eppliceble law. In eddition to the rights <br />and remedies set forth ebove, with respect to all or any part of the Property, the Trustee ahell heve the right to <br />foreclose by notice and sele, end Lender shell have the right to forecloae by judicial foreclosure, in either case in <br />eccordance with and to the full extent provided by applicable lew, <br />Successor Trustee. Lender, et 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, Stete of Nebraske. The instruPnent shall contein, in addition to all other <br />matters required by stete law, the names of the original Lender, Trustee, and Trustor, the book and page (or <br />computer system referencel where this Deed of Truat is recorded, end the neme and eddress of the successor <br />trustee, and the instrument shall be executed and acknowledged by all the beneflciariea under this Deed of Truat or <br />their successors in intereat. The auccessor trustee, without conveyance of the Property, shall succeed to all the <br />titie, power, end duties conferred upon the Trustee in this Deed of Trust and by applicable law. Th(s procedure for <br />substitution of Trustee shell govern to the exclusion of all other provisions for subat(tution. <br />NOTICES. Any notice requ(red to be given under this Deed of Trust, includ(ng without limitation any notice of defeult <br />and any notice of sele 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 States meil, as first class, certified or registered mail postage prepeid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of forecloaure from the holder of <br />eny lien which has prior(ty over this Deed of Truat shall be sent to Lender's eddresa, as shown near the beginning of <br />this Deed of Trust. Any party may change its eddresa for notices under thia Deed of Trust by giving formal written <br />notice to the other parties, apecifying that the purpose of the notice is to chenge the party's eddresa. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Truator's current address. Unless otherwiae 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 />