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Loan No: 101257432 D E Con�t nuedl � 0�. 2 6� 0��i <br />Page 8 <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 shall be construed as <br />prohibiting Lender from seeking a deficiency judgment ageinst the Trustor to the extent such action is permitted by <br />law. Election by Lender to pursue any remedy shell not exclude pursu(t of any other remedy, and an election to <br />make expenditures or to take action to perform an obl(gation of Trustor under this Deed of Trust, efter Trustor's <br />faflure 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 e copy of any Notice of Default <br />and 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 />paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce eny 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 at triel <br />and upon any appeal. Whether or not any court action is involved, 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 protectfon of its <br />interest or the enforcement of its rights shall become e part of the Indebtedness payable on demand and shall bear <br />interest at the Note rete ftom 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 legel <br />expenses, whether or not there is e lawsuit, including attorneys' fees end expenses for benkruptcy proceedings <br />(inctuding efforts to modify or vacate any eutomatic stay or injunctionl, appeals, and any anticipated post-judgment <br />collection services, the cost of searching records, obteining title reports (including foreclosure reports), surveyors' <br />reports, and eppraisel fees, title insurance, and feea for the Trustee, to the extent perm(tted by appliceble law. <br />Trustor also w(II pay any court costs, in eddition to all other sums provided by law. <br />Rights of Trustee. Trustee shall have 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 and obligations of Trustee <br />ere part of this Deed of Trust: <br />Powers of Trustee. In eddition to all powers of Trustee arising es a matter of law, Trustee shall heve the power to <br />teke the following ections with respect to the Property upon the written request of Lender and Trustor: (e) join in <br />preparing end filing a mep or plat of the Real Property, including the dedicetion of streets or other rights to the <br />public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) Join in eny <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 qualiNcations required for Trustee under applicable law. In addition to the rights <br />and remedies set forth above, with respect to all or eny part of the Property, the Trustee shall have the right to <br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either cese 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 eppoint a successor Trustee 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 contein, in eddition 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 this Deed of Trust is recorded, and the neme 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 end by applicable lew. This procedure for <br />substitution of Trustee shell 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 eny notice of sale shell be given in writing, and shall be effective when actually delivered, when ectually received <br />by telefacsimile (unless otherwise required by law), when deposited with e nationally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as first cless, certified or registered ma(I 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 ahown near the beginning of <br />this Deed of Trust. Any party may change its address 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 eddress. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unleas otherwise provided <br />or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br />given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscelleneous provisions are a part of this Deed of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the ent(re understanding and <br />agreement of the parties as to the matters 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 <br />bound by the alteretion or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shell furnish to <br />Lender, upon request, a certified statement of net operating income received from the Property during Truator's <br />previous fiscal year in such form and detail as Lender shell require. "Net operating income" shall mean all casN <br />