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2� 1 �� 1 �8�
<br /> vEEv oF T�usT
<br /> Laan Nv: 'I�'I 294"I 4� �Continued} Page 8
<br /> this ❑e�d of Trust may now or hereafter be atherwise se�ured, wh�ther by m�rtgage, deed af trus�, pledge, lien,
<br /> assignment or otherwise. Neither the acceptance o� this ❑eed of Trust nor its enfor�ement, whe�her by court
<br /> action or pursuant ta the power af sale or other powers contained in this aeed ❑f T�ust, shall prejudice o� in any
<br /> manner affect Trustee's ❑r Lender's right to realize upan or enforce any other security naw ❑r hereatter held by
<br /> Trust�e ❑� Lender, it being agreed that Trustee and Lender, and ea�h af them, sha�l be en�itled to enforc� this Deed
<br /> of Trus� and any other security n�w or hereafter held by Lender ar Trustee in such order and manner as they or
<br /> either �f them may in their absof ute discretion determine. No remedy conferred upan or reser�ed to Trustee ❑r
<br /> Lender, is �ntended ta �e exclusi�e ❑f any o�her remedy in this Deed ❑f Trust or by law pr��ided or permitted, but
<br /> each shall be cumuiati�e and shail be in addition to e�ery ather remedy gi�en in this Deed af Trust or naw or
<br /> her�aft�r existing at faw ar in equ�ty or by statute. E�ery power or remedy �i�en by the Nate ❑r any of the Related
<br /> Dacuments to Trustee or L�nder ar to which either ❑f them may �e ❑therwise entitled, may be exercised,
<br /> concurrent�y or independently, f�-om tim� t❑ time and as often as may be deemed expedient k�y Trustee ❑r Lender,
<br /> and either af them may pursue incansistent remedies. Nothing in this Deed ❑f Trust shal� be construed as
<br /> prahibiting Lender fram seeking a deficiency judgment against the T�ustar to the extent such action is permitted by
<br /> law. Election by Lende�- to pursue any r�medy shall not ex�fude pursuit of any other remedy, and an eE�ction to
<br /> make expenditu�es or to take action ta perform an obligatian �f Trustor under this ❑eed of Trust, after Trust�r's
<br /> failure to perform, shall not affect Lender's right to de�lare a default and exercise its remedies.
<br /> Request far Noti�e. Trustor, on behait of Trustar and Lender, hereby requests that a copy of any Not�ce �f De#ault
<br /> and a capy ❑f any N�tic� af Sa�e under this ❑eed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph ❑�this need of Trust.
<br /> Attvrneys' Fees: Expenses. If L�nder institutes any suit or action �o enfarce any ❑f the terms of this ❑eed of
<br /> Trust, Lender shall be enti�led ta reco�er such sum as the c�urt may adjudge reasanable as a�torneys' fees at trial
<br /> and upon any appeal. Whether or not any caurt action is invol�ed, and to the exfient not prohibited by law, a11
<br /> reasanable �xp�ns�s Lender in�urs that in Lender's opEnion are necessary at any time far the protecti�n ❑f its
<br /> inter�st ❑r the enforcement of its rights shall be�ome a part ❑#the Indebtedness payable on demand and sha�l hear
<br /> interest at�he Note rate from the date ❑�th� expenditure untii repaid. Expenses ca�ered by this paragraph include,
<br /> without limitation, howe�er subject to any limits under applicable law, Lender's attorneys' fees and Len�der's lega�
<br /> expenses, whether ❑r not there +s a lawsui�, including attorneys' fees and expens�s for bankruptcy proceedings
<br /> {including efforts to modify or�acate any autamati� stay❑r injunc�ion}, appeals, and any ant�cipated past-judgment
<br /> collectian ser�ices, the cost of searching records, obtaining title reports �in�luding fore�lasure reports}, �ur�eyars'
<br /> r�ports, and appraisa� fees, title insurance, and fees for the Trustee, ta the extent �ermitted by appli�:.able law.
<br /> Trustor afso wif! pay any court costs, in additfon to all other sums pro�Eded by law.
<br /> Righ#s vf Trustee. Trustee shall ha�e all of th� rEghts and duties of Lender as set farth in this section.
<br /> PQWERS AND DBLIGATI�NS DF TRUSTEE. The follawing pr��isians relating ta the powers and obfEgatians �af Trust�e
<br /> are part❑f this De�d of Trust:
<br /> Powers of Trustee. In addition ta al� powers o�Trustee arising as a matter of law, Trustee shall ha�e thE power to
<br /> take �he �o��vwing actions with respect ta the Property upan the written request of Lender and Trustor: �a� join in
<br /> preparing and filing a map or plat ❑f the �eal Property, including the dedication ❑f streets ❑r ❑ther rights to the
<br /> publi�; �by �oin in granting any �asement or creating any r�striction on the Real Property; and �c� j{�in in any
<br /> subardination or other agreement affecting this ❑eed of Trust❑r the interest❑f Lender under this Deed ot Trust.
<br /> Trustee. Trustee shall meet all qualificatians required for Trustee under applicabie law. In addition to the rights
<br /> and remedies set forth aba��, with respect t❑ all or any part ❑f the Property, the TruStee shall ha�e the right to
<br /> foreclose by noti�e and sale, and Lender shall ha�e the right ta foreclose by judicial foreclosure, in either case in
<br /> acco�dance with and to the full extent pro�ided by applicabie law.
<br /> Successor Trustee. Lender, at Lender's ❑ption, may from time t❑ time appoint a su�cessar Trustee to any Trustee
<br /> appointed under this D�ed ❑f Trust by an instrument executed and a�knowiedg�d by Lender and recorded in the
<br /> office of the recarder af HALL County, 5tate of Nebraska. The instrument shalf �antain, in additian to alE ❑ther
<br /> matters required �y state lav+r, the names of the ❑riginaf Lender, Trustee, and Trustar, the book an� page �or
<br /> computer system re�eren�ey where this ❑eed af Trust is record�d, and the name and address of the suc�essor
<br /> trustee, and the ins�rument shall be execut�d and a�knowledged by a�l the beneficiaries under this Deed o�Trust or
<br /> their successa�s in interest. The successor trustee, without con�eyance ❑f the Property, shall su�ceed to all the
<br /> titie, pvwer, and duties conf�rred upon the Truste� in this aeed ❑f Trust and by applicable faw. This procedure far
<br /> substitution of Trustee shall go��rn�o the exclusifln ❑f ail ❑ther pro�isians for suhstitution.
<br /> N�TICES. Any notice required t❑ be gi�en under this Deed of Trust, incfuding w+thout limitatian any natice of default
<br /> and any notic� of sale shall be gi�en in writing, and shall be effe�ti�� when actually deli�ered, when a�tuall►� recei�ed
<br /> by telefacsimil� �unless ❑the�wise required by law}, when depflsited with a nationally recagnized ❑�ernight �ourier, or, if
<br /> mailed, when d�p�sited in the United States mail, as first class, certified or registered mai! postage prepaid, directed t❑
<br /> the addresses shown near the beginning ❑f this ❑eed ❑f Trust. All capi�s of notices of fo�eclosur� from the hald�r ❑f
<br /> any lien which has priar�ty o��r this Deed af Trust shall be sent t❑ L�nder's address, as shown near the beginnEng of
<br /> this Deed ❑f Trust. Any party may change its address for natices under this Deed of Trust by gi�ing formal written
<br /> nvtice ta the other parties, specifying tha� the purpose of the noti�e is to change the party's addr�ss. Far notice
<br /> purposes, Trustor agrees �a keep Lend�r informed at all times ❑f Trustor's current address. Unless ❑therwise pro�ided
<br /> o� required by law, if there is more than ane Trustar, any nati�e gi�en by Lender t❑ any Trustar is deemed to be notic�
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