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201301591
<br /> DEED OF TRUST
<br /> Loan No: 101261779 (Continued) ! Page s
<br /> assignment or otherwise. Neither the acceptance 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 peed of Trust, shall prejudice or In any
<br /> manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter hold 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 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 cumulative and shell 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 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, 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 this Dead of Trust shell be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Truster to the extent such action is permitted by
<br /> law. 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 ection to perform an obligation of,Trustor under this Deed of Trust, after Trustor's
<br /> failure to perform, shall not effect Lender's right to declare a default and exercise its remedies,
<br /> Request for Metier. 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 Sala under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Died of Trust.
<br /> Attorneys' Pars; Expenses. It 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 es the court may adjudge reasonable oe attorneys' fees at trial
<br /> and upon any appeal. Whether or not any court action is 1nvOlVed, and to the extent.not prohibited by law, ell
<br /> reasoneble expanses Lender incurs that in Lender's opinion are, necessary at any time for the protection of its
<br /> Interest or the enforcement of Its rights shall become a pert of the indebtedness payable on demand and shell beer
<br /> interest at the Nate rate from the date of the expenditure until repaid: Expenses covered by We paragraph include,
<br /> without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys` fees and expenses for bankruptcy proceedings
<br /> (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post•judgment
<br /> collection services, the cost of seerahing records, obtaining title reports (including foreclosure reports), surveyors'
<br /> roports, and appraisal fees, title Insurance, end fees'for the Trustee, to the extent permitted by applicable few.
<br /> Trustor oleo will pay any court costs, in addition to all other sumalprovided by law.
<br /> Rights of Trustee, Trustee shall have all of the rights and duties of Lender as set forth in thie 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 es 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 Treetor: (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) join cry granting any easement or creating any restriction on the Real Property; and Ic) 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 mil or any part of ithe 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 case in
<br /> accordance with and to the full extant provided by applicable law.'
<br /> Succeteor Trust... Lender, at Lender's option, may from time to'time appoint a successor Trustee to arty Trustee
<br /> appointed under this Deed of Trust by an instrument executed end acknowledged by Lender end recorded In the
<br /> office of the recorder of HALL County, State of Nebraska. The'instrument shall contain, ire addition to all other
<br /> matters required by state law, the name' of the original Lender, Trustee, and Trustor, the book and page for
<br /> computer system reference) where thin Deed of Trust Is recorded, end the name and address 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 conVeyence of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 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 peed Of Trust,'including without limitation any notice of default
<br /> and any notice of arms shall be given In writing, and shall be effective when actually delivered, when actually received
<br /> by telefaosimfie (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mall postage prepaid, 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 hoe 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 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 egress to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br /> or required by law, If there is more then one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br /> given to all Trustor..
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