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��14�5�37
<br /> �EEa o� T�u�-r
<br /> Loan No: ��1278495 {Contlnuedj Page 8
<br /> assignment �r otherwise. Ne�ther �he a��eptance a� �his Deed ❑f Trust nor its enforcem�nt, whether by court
<br /> action Qr pursuant to the pawer of sale or oth�r pvwers contained in this Deed of Trusf, sha�[ prajudice or in any
<br /> manner affect Trus�ee's or Lender's r�gh'� to realize upan or en�orce any other securi�y now or hereaffer held �y
<br /> Trustee or L�nder, it being agreed that Trus�ee and Lender, and each vf them, shall be entitled to enforce�this D�ed
<br /> ❑f Trus� and any oth�r security now or h�reaf�er heEd by Lender or Trus�ee in such vrd�r and manner as they or
<br /> either of them may in �he�r absvEu�e discret�on de�ermine. No remedy canferred upon or r�ser�ed �v Trustee or
<br /> Lender, is in�ended to be exclusi�e ofi any❑fiher rernedy in �his D��d o�Trust�r by law prvvided or permitted, but
<br /> each shall be cumulati�e and shall be in addition �a every other remedy gi�en in this De�d �f Trust vr now vr
<br /> hereaf��r existing a�t!aw or in equity or�y statute. E�ery powe�ar remedy giWen by the Note or any of the Related
<br /> Dv�uments to Trustee or Lender ar t� which either of th�m may be otherwise entitle�. may be exercised,
<br /> concurrently or independenfi�y, from time �a time and as often as may be deemed expedient �y Trusfee or Lender,
<br /> and either Qf them may pursue inconsisten� remedies. Nothing in �his Deed of Trust shall be construed as
<br /> prohibiting Lender frorn seeking a deficiency judgment agains�th�Trustor to the ex�en�such ac�i�n is permitted I�y
<br /> law. Election �y Lender to pursue any remedy shall no� ex�lude pursuit vf any v�her remedy, and an e[ection t❑
<br /> make expenditures or ta take ac�ion tv perfarm an o�ligation of Trustar under this Deed ❑f Trust, after Trustor's
<br /> failure to perform. shall n�t a�fect Lender's righ�ta declare a default and ex�rcise its remedies.
<br /> Request fvr Notice. Trustor, on heha�f❑�f Trus�or and Lender, hereby requests�hat a copy of any No�ice of ❑�fauit
<br /> and a copy vf any Notice ❑f Sale under this Deed vf Trust be maEled to them at the addresses set forth in the first
<br /> paragraph of this Dead o�Trust.
<br /> At�orneys' Fees; Expenses. If Lender institutes any suit Qr acti�n to enforce any of the terms of this D�e� of
<br /> Trust, Lender shall be entitled �a reca��r such sum as the court may adjudge reasonable as a�torneys' fees a�frial
<br /> and upon any appeal. Wh�ther or not any caurt a�tion is invol�ed. and �o the ext�n�t nat prohi�ited �y la►nr, alI
<br /> reasanable �xpenses Lender incurs �hat in Lender's �pinion are necessary at any tim� for the protection o� its
<br /> in�er�st or the enforcement of its rights shall become a part af the Ind�bfiedness payable on demand and shall bear
<br /> interest at the Nvte rate from the da�e of the expenditure until repaid, Expenses cov�r�d by this paragraph inc�ude,
<br /> wi�hou� l�mitativn. hvwever subject to any limits under appli�able [aw. Lender's a��orneys' fees and Lender's legal
<br /> expenses, whether or not there Es a lawsuit, including attorneys' fees and expenses far bankruptcy prace�dings
<br /> {in�luding �ffflrts to mod��y or�acate any automa�i�stay or injunc�ivn�. appeals, and any ant�cipa�ed p�st�judgment
<br /> coll���ion servic�s, the cos�vf sear�hing r�cvrds, ob�aining �itl� r�ports �including foreclflsure reports}, surWeyvrs'
<br /> repvrts, and appraisal fees, �itle insurance, an� fees for the Trusfiee, ta the extent permit�ed by applicable �aw.
<br /> Trustvr also will pay any c�urt cos�s, in additEon�o all��her sums provided hy law.
<br /> Righ�s af Trustee. Trustee shail ha�e all af the rights and duties of Lender as set forth in this sec�ion.
<br /> P�INERS AND �gLI�ATI�NS �F TRl1STEE. The fiollflwing provisic�ns relating to �he powers and obli�ations of Trustee
<br /> are part of this ❑eed o�F Trust:
<br /> Powers �f Trustee. ln a�dition tv al� powers of Trust�� arising as a matter ofi law, Trustee sha�l have the power to
<br /> take the following a�tions with respect to the Property upon �he written request o� Lend�r and Trustor; 4a} jvin in
<br /> preparing and filing a map ar plat of the Real Prop�rty� including the dsdica�ion at streets or other rights to the
<br /> publi�; {b} j�in in granting any �asem�nt or creating any r�str�c�i�n on th� Real Prop�rty; and �cf join in any
<br /> subardinatian or vth�r agreement af�fecting this Deed af Trust or the interest�f Lender under this Deed o�Trus�.
<br /> Trustee. Trustee shatl me�t all qualifications requir�d f�r Trust�� under applicable [aw. In addition ta the rights
<br /> and remedi�s set �orth abo�e� with respect to all or any part of the Praper�y. �he Trustee shal[ haWe the right to
<br /> foreclose by natice and sale. an� Lender shall ha�s the r�ght tn f�recl�s� by judicia� foreclosure. in either case in
<br /> accordance wi�h and to the full ext�n�prv�ided by app[icabla 1aw.
<br /> Successor Trusfiee. Lender, at Lender's aption, may�r�m�ime to�ime appaint a successor Trustse to any Trust�e
<br /> appoin�ed under this Deed of Trust by an instrurnent executed and acknowledged by Lender and recarded in the
<br /> office o� the r�carder a� HALL Counfiy, State of Nebraska. The ins�rument shal� cantain, in addition tn a�! oth�r
<br /> ma�ters required by state law, the names of th� �rigina� Lend�r, Trusfee. and Trus�or, th� baok and page {�r
<br /> computer system refierence� wher� this Deed of Trust is recorded, and the name and address v� the successnr
<br /> trus�ee, and�the ins�rument shall be executed and ac�now��dged by all�he beneficiari�s under this Deed of Trust or
<br /> their successors in interest. The successvr trustee, with�u� can�eyanc� of �he Proper�y� shall succeed to ail the
<br /> title. power, and duties conferred upon th�Trus�ee in this Deed of Trust and by applicable �aw. This procedure fnr
<br /> substitutian o�F Truste�shall go��rn to the exclusion o�all other pr�visions�far subs�itution.
<br /> NDTICES. �4ny nofiic� required to be gi��n under this De�d Qf Trus�, inc�uding withvut limitatian any no�ice af default
<br /> and any notice �f sale shall be �iven in wri�ing, and shalf be �#fectiWe when actualfy deliWered, when ac�ually recei�ed
<br /> by telefacsimile {un�ess ofherwise required �y law�, when depvsited with a nationally recagnized overnight courier, or� if
<br /> mailed. when deposited in the United S�ates mail. as first c�ass, cert�fie� vr register�d mail postage prepaid� dir�ct�d to
<br /> the addresses sh�wn near the beginning of this De�d o�Trust. Afl capies of n�tices n�far�c{osure frorn the halder af
<br /> any lien whi�h has priority a�er this Deed of Trus� shal! b� sent t� Lender's address, as shown near the b�ginning o�
<br /> �his Deed of Trust. Any party may change its addr�ss far no�ices under this Deed vf Trust by gi��ng �formal writ�en
<br /> not�ce to the o�th�r par�iesf spe�ifying that the purpose �f the notice is to chang� fihe party's address. For notice
<br /> purposes, Trustar agrees to k�ep Lender informed at all times of Trustor's current address. Un[ess vtherwise pra�ided
<br /> or required by law, Ef�here is mare than on�Trustvr, any nvtice gi�en by Lender to any Trus�or is deem�d to be nvtice
<br /> giWen to all Trus�ors.
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