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DEED OF TRUST � � �- � � � � �" �
<br />Loan No: 101255392 (Continued) Page 8
<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 law provided or permitted, but
<br />each shall be cumuletive and shatl 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 Related
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, mey be exercised,
<br />concurrently or independently, from time to time and es often es may be deemed expedient by Trustee or Lender,
<br />and 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 action is permitted by
<br />taw. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform en obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declere e 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 thls Deed of Trust be malled to thefn at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action 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 attorneys' fees at trial
<br />and upon any eppeal. Whether or not any court ection is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs thet in Lender's opinfon are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shell become a pert of the Indebtedness payable on demand end shall bear
<br />interest et the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whethar or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vecate any autometic stay or injunctionl, appeals, and eny anticipated post-judgment
<br />collection services, the cost of searching records, obteining title reports (including 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 pay any court costs, in eddition to ell other sums provided by lew.
<br />Rlghts of Trustee. Trustee sliall 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 part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers 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 request of Lender and Trustor: (a) join in
<br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) joi� in granting eny easement or creating any restriction on tha Real Property; and (c) join in any
<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 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 shell heve the right to
<br />foreclose by notice end sale, and Lender shall have the right to foreclose by judicial foreclosure, fn either cese in
<br />accordance with and to the full extent provided by appliceble law.
<br />Successor Trustee. Lender, at Lender's option, mey from time to time appoint a successor Truatee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and ecknowledged by Lender and recorded in the
<br />office of the recorder of hall County, State of Nebraska. The instrument shall contain, in eddition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book end 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 conveyence of the Property, shell succeed to all the
<br />title, power, and duties conferred upon tHe Trustee in this Deed of Trust and by applicable lew. This procedure for
<br />substitution of Trustee shall govern to the exclusion of ell other provisions for substltution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Iimitatlon any notice of defauit
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law1, when deposited with e nationally recognized overnight courier, or, if
<br />mailed, when deposited it� the United States mail, 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 foreclosure from 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 party may change its address for notices under this Deed ot Trust by giving formal written
<br />notice to the other perties, specifying that the purpose of the notice is to change the party's eddress. For notice
<br />purposes, Trustor egrees to keep Lender informed at ell times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice gfven by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellerleous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understending end
<br />agreement of the parties as to the metters set forth in this Deed of Trust. No alteration of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
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