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(c) <br />2 01602027 <br />(b) As may be permitted by law, after deducting all costs, fees and expenses of <br />Trustee and of this DOT incurred in connection with any such default or sale or <br />foreclosure, or all of them, including costs of evidence of title in connection with <br />a default or sale, a Trustee's fee and an attorney's fee, as provided by law, or <br />provided by paragraph "22. Trustee's Fee & Attorney's Fee ". Also, any <br />attorney's fees incurred by the Trustee shall be paid, whether such fees were <br />incurred addressing a default or using the Power of Sale. Trustee shall apply the <br />proceeds of sale to payment of: <br />i. All sums expended under the terms hereof not then repaid with accrued <br />interest at the default rate provided in the Note, <br />ii. All other sums then secured hereby, and <br />iii. The remainder, if any, to the person or persons legally entitled thereto; <br />Trustee may, in any manner provided by law, or as referenced in the published <br />notice of sale, postpone sale of all or any portion of the Property. <br />21. Remedies Not Exclusive: No remedy herein conferred upon or reserved to Trustee or <br />Lender is intended to be exclusive of any other remedy herein or permitted or provided by law, <br />but each shall be cumulative and shall be in addition to every other remedy given hereunder or <br />now or hereafter existing by law or in equity or by statute. Nothing herein shall be construed as <br />prohibiting Lender from seeking a deficiency judgment against the Borrower to the extent such <br />action is permitted by law. <br />22. Trustee's Fee & Attorney's Fee: In the event of any default, unless specifically waived in <br />writing by Lender or Trustee, Borrower agrees to pay Trustee a fee which is reasonably related <br />to the work actually done by the Trustee. This reference is made so that the language of <br />Neb.Rev.Stat. 76 -1011 is incorporated, herein. In the event there is a reinstatement, the <br />Trustee's fee may be limited as provided in Neb.Rev.Stat. 76 -1012. Further, Trustor agrees to <br />pay an attorney's fee incurred either by the Lender of the Trustee for the enforcement of the <br />rights of lender or Trustee in the event of any default. Such attorney's fee shall be reasonable <br />under the circumstances. <br />23. Right To Reinstate: If Borrower meets certain conditions, Borrow shall have the right to <br />have enforcement of this DOT discontinued at any time and in the manner provided by <br />Neb.Rev.Stat. 76 -1006 and 76 -1012, as now or hereafter amended. <br />24. Reconveyance: Upon payment of all sums as herein provided, Lender shall direct <br />Trustee to reconvey the real estate and shall surrender this DOT and the Note it secures. Trustee <br />shall reconvey the Property, without warranty of title and without charge to the persons legally <br />entitled to it. <br />25. Successor Trustee: Lender, at its option, may from time to time remove Trustee and <br />appoint a successor Trustee by an instrument recorded in the county in which this DOT is <br />recorded. Without conveyance of the Property, the successor Trustee shall succeed to all the title, <br />power and duties conferred upon Trustee, herein, and by Nebraska law. <br />NebDocs January 2015 <br />Form# 15.0603 <br />Page 7 <br />