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DEED Ot nu UST 200001969 <br />page 5 <br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative <br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every <br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise <br />entitled, may be exercised, 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 Deed of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Trustor to the extent such action is permitted by law. <br />Election of Remedies. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's <br />failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph 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, Lender shall be entitled <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is <br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time <br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any 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 stay or injunction), <br />appeals, and any anticipated post — judgment collection services, the cost of searching records, obtaining title reports (including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor <br />also will pay any court costs, in addition to all other sums provided by law. A waiver by any party of a breach of a provision of this Deed of <br />Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other <br />provision. <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 part of this Deed of <br />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 the following actions <br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the <br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of <br />Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth <br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the <br />right to foreclose by judicial foreclosure, in either case in accordance with and 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 appointed under this <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of <br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and <br />Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the <br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their <br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred <br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all <br />other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall <br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), <br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or <br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure <br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed <br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or <br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender <br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice <br />given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from <br />Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the <br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be <br />signed by whoever will be bound or obligated by the change or amendment. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define <br />the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at <br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by and interpreted In accordance with federal law and the laws of the State of <br />Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska. <br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall <br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in <br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in <br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. <br />Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests, <br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment, <br />protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean <br />that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust <br />even if a provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be <br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person <br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the <br />Indebtedness. <br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State <br />of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns. <br />