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201400872
<br /> including but not limited to accrued interest and late charges, (ii)all other sums then secured hereby,and (iii)
<br /> the remainder,if any,to the person or persons legally entitled thereto.
<br /> (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br /> Remedies Not Exclusive. Trustee and Lender,and each of them,shall be entitled to enforce payment and perFormance
<br /> of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of
<br /> Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter
<br /> in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or
<br /> hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the
<br /> acceptance of this Deed of Trust nor its enforcement,whether by court action or pursuant to the power of sale or other
<br /> powers contained in this Deed of Trust,shall prejudice or in any manner affect Trustee's or Lender's right to realize upon
<br /> or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br /> each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or
<br /> Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy
<br /> conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or
<br /> by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this
<br /> Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or
<br /> any of the Related Documents to Trustee or Lender or to which either of them may be othervvise entitled, may be
<br /> exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or
<br /> Lender, 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 law.
<br /> Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br /> expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure to
<br /> perform,shall not affect Lender's right to declare a defauk 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 and
<br /> a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph
<br /> 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 Trust,
<br /> Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any
<br /> appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses
<br /> Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
<br /> rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
<br /> of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
<br /> limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br /> including attorneys'fees and expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic
<br /> stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for
<br /> the Trustee,to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br /> provided by law.
<br /> Rights of Trustee. Trustee shall have all 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 are
<br /> 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 take
<br /> the following actions with respect to the Property upon the written request of Lender and Trustor: (a)join in preparing and
<br /> filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)join in granting
<br /> any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement
<br /> 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 and
<br /> remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to foreclose by
<br /> notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and
<br /> 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 office of
<br /> the recorder of Hall County,State of Nebraska. The instrument shall contain, in addition to all other matters required by
<br /> state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference)
<br /> where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be
<br /> executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The
<br /> successor trustee,without conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the
<br /> Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
<br /> exclusion of all other provisions for substitution.
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<br /> Deed of Trust
<br /> 2013-260
<br /> WA 4801782.1
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