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��15�5189
<br /> [3EED �F T'RL�ST
<br /> Laan No: '��'i�88D47 ��ontinu�d� Page 8
<br /> e�ther of th�m may in their absolute discretion determine, hla reme�y conferred upvn or reser�ed �o Trustee vr
<br /> Lend�r, is intended to be exclusive of any vther remedy in this Deed vf Trust or by law provided or permitted, bu�
<br /> each shall be cumulative and shall be in addi�ion �o e�ery other remed� given in this Deed v� Trust or nov+� or
<br /> h�reafter�xisting a�law or in equity or by statute. Every pow�r or r�medy gi�en by the N�te or any of th� Related
<br /> D�cuments to Trustee or Lender ar tv which �ither of th�m rnay be ath�rwise entitfed, may be exer�ised,
<br /> concurrently or independently, fram �irne to�ime and as often as may be deemed expedient hy Trustee or Lend�r,
<br /> and either of them may pursue incansisten�t remedies. Na�hing in �his Deed ❑f Trust shall �e canstrued as
<br /> pr�hibiting Lender fram seeking a deficiency judgment agains�the Trustor t�the extent su�h a�tian is permitted by
<br /> �aw. Elec�ian by Lender to pursue any r�medy shall n��t exclude pursuit o� any ather rem�dy, and an efection tn
<br /> make expenditures or to take actian tv per�orm an obligativn af Trustor under this ❑eed �f Trust, a�Fter Trustor's
<br /> failure Co perform,shall not affie�t Lender's righ�to declare a defaul�an�exercise its rernedies.
<br /> Request for fVotice. Trust�r, on behalf❑�f Trustvr and L�nder, hereby requests that a cop�af any Noti�e of❑efault
<br /> and a copy of any fVotic� of.Sa[e under�his Deed of Trust be mailed�a them at the address�s set farth �n the fiirs�
<br /> paragraph of this Deed of Trust.
<br /> �4ttvrneys' Fees; Expenses. If Lend�r institut�s any suit or activn to enforce any �f �he �erms of this Deed of
<br /> Trust, Lender shall be enti�led�a r�co�er such sum as the caurt may adjudge reasonable as attorneys' f�es at trial
<br /> and upon any appeal. 1Nhether or not any court action is involved, and ta the exfient no� prohibited by law, all
<br /> reasonable �xpenses Lender incurs that in Lender's ❑pinion ar� necessary at any time far the �rot�cti�n vf its
<br /> interest ar the enforcement ofi its rights shall becvme a part a�the Inde�t�dness payable�n demand and shafl bear
<br /> interest at the Na��ra�e�r�m the date of the�xpenditure until r�paic�. Expenses ca�er�d hy this paragraph include,
<br /> with�ut�imita�ti�n, hovUever sub�ec�to any limi�s under applicable law, Lender's at�orn�ys' fees and Lender's legal
<br /> expenses. whether ar not �here �s a lawsuit, including attorneys' fees and expenses for bankrup�Ccy proceedings
<br /> {in�luding efforts to mad�fy or va�a�e any autama�ic s�ay or injunction�, appeals, and any anticipa�ed post-judgment
<br /> �ollection ser�ices, th� cos�of sear�hing re�ords, obtaining tit�e reports {including foreclosure reports}, sur�eyvrs'
<br /> reports, an� appraisa� fees, ti�le insurance, and fees #vr the Trus�ee� ta the exten�f permitted b}� app[icab�e law,
<br /> T�ustar also will pay any�aurt�osts, in addition to all ather sums pro�ided by law.
<br /> Righfis of Trustee. Trustee shail ha�e all of�he righ�s and duti�s o�Lender as se�forth in this section.
<br /> PflV11ERS AND�BLIGATl�NS �F TRUSTEE. The falla►nring pra�isi�ns relating to#he pawers and❑bligations�f Trustee
<br /> ar�part of this ❑�ed a�F Trust:
<br /> Powers of Trus�ee. 1n addit�an to all powers❑�f Trus�ee arising as a matter of law,Truste�shall have the power to
<br /> take the follawing actions wEth respe�t Cv�he Property upon the vuritten requesf of Lender and Trustor: �a) join in
<br /> preparing and filing a map or plat a�f the Rea1 Property, including the dedication of streets or a�her rights to the
<br /> pub�ic; {b� j�in in granting any easem�nt or creating any restric�ion �n the Real Pro�erty; and {c� join in any
<br /> subordination or vther agreement affe�ting�his Deed❑f Trus�or fhe�nter�s��f Lender under�his Deed of Trust.
<br /> Trustee. Trustee shall meet all qualificatians required far Trustee under applicable la`rv. In additi�n ta the righ�s
<br /> and rernedies set f�rth abo�e, with respect to all ar any part ofi the Praperty, th� Trustee shall have the right ta
<br /> fore�lase by notiGe and sal�, and Lender shall haWe the right�v fare�lose by judicial f�re�lvsura, in either case in
<br /> accordance wi�h and to the�u[E extent prvv�ded by appli�able lav�r.
<br /> Suc�essor Trustee. Lender, a�Lender's opt�an, may frvm�ime tQ time appaint a suc�essvr Trus�ee to any Trus�ee
<br /> appainfied under this Deed af Trus� by an instrument executed and a�knawledged by Lender and recorded �n the
<br /> office af the re�order af HALL Caun�y, Stat� of IVebrasCca. The ins��umen� shall cvntain, in additia� to all ather
<br /> mat�ers requir�d by s�ate law, �he names of the ari�ina! L�nder, Trustee, and Trustar, the b�ak and page �or
<br /> computer sys�fiem reference} where this ❑eed of Trust is rec�rded, and the name and address of th� successor
<br /> trustee, and the instrurn�nt shall be execut�d and ackn�wledged by all�he beneficiaries under this Deed of Trust�r
<br /> their successors in int�rest. The suc�essar trustee, without cQnWeyance of�he Prvperty, shall su�ceed to all the
<br /> tit�e, p�+nrer, and du�ies cvnferred upon the Trustee in this Deed vf Trust and by applicahle law. This proc�dure�ar
<br /> substitutian�fi Trustee shall�overn to the exciusivn af al[�ther provisi�ns for substi�tution.
<br /> NOT�CES. �4ny notice required �o be given under this D��d �f Trust, including without lirnitation any natice of default
<br /> and any nvtice of sal� shall be given in writin�. and shall be efF�ctiWe when actually deli��red, when actualiy receiWed
<br /> by telefacsimile {unless �therwise requ�red by law�� when depasi�ed with a natianally recagnized o�ernight�ouri�r. vr. �f
<br /> mailed, wh�n deposit�d in the United States maif, as first class, certifi�d or registered mail pastage prepaid, directed t❑
<br /> �he addr�sses shvwn near the beginning of this Deed ofr Trust, All �opies of noti�es of foreclasure �rom the holder of
<br /> any �ien which has priority o�er this Deed vf T�ust shall be sent t� L�nder's addr�ss. as shown near the �aeginning of
<br /> this Deed �f Trust. Any party may change its addr�s5 fiar notices under this Deed of Trust by gi�ing �F�rmal written
<br /> n�ti�e to the ather parties, specifyin� that the purpase af the notice is to Ghange the party's address. Far notice
<br /> purposes, Trustor agrees�a keep Lender infarmed at all times a�f Trus�or's current address. Unless oth�rwise proWided
<br /> ar required by Eaw. Ef there is more than vn�Trust�r, any notice gi�en by Lend�r to any Trustvr�s deemed to be nvtice
<br /> given ta alf Trustors.
<br /> iVIISCELLANE�US PROV151�NS. The f�liowing miscellaneaus pr��isions are a part af this Deed of T�us�:
<br /> Am�ndment$. This Deed of TrusC,t�gether with any Re[ated D��uments, constitutes the entire understanding and
<br /> agreement of the parties as tv the matters set forth �n this ❑esd af Trust. Nv alt�rativn of�r amendm�nt to �his
<br /> Deed of Trust shail be effecti�e unless gi�en in writing and signed by th� party or parties sought to be charged ar
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