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2� 1 ��2298 DEED �]F TRUST Loan N�: �01��8743 ��ntinued� Pa e 7 9 assignmen� ar o#herwise. Neither the acc�ptance af this Deed o� Trust nor i�s enfor�ement, 3ryhether by court action or pursuant to the power of sal� ❑r other pv►nrers contained �n this [3eed ❑f Trust, shall prejudice or in any manner a�fect Tr�stee's or Lender's right to rea[ize upon ❑�- en�orce any ❑ther security naw �r hereafter held by Trustee❑r Lender, it being agreed tha�Trustee and Lender. and each o�them, shail be en�itled#a enfiorce this Deed flf Trus� and�any other security nvw or herea�Fter hel�l by Lender vr Trustee in such ❑rder and manner as they ❑r �i�her ❑# them may in their a�so�ute dis�retion determine. Na remedy cvn#erred upon �r reserved to Trustee or Lender. is intended to be ex�lusi�e a�an� other remedy in this Deed of Trust vr by law pro�ided or permi�ted, but each shail be cumulative and sha!! b� in addition to e�ery ather remedy given in this Deed vf Trust or naw or hereafter exis�ing a�1aw❑r in equity❑r by sfia�ute. Every pawer or remedy given by the Note or any o�the Refa�ed C7vcuments tv Trustee ❑r Lender o� t� whi�h either ❑fi #hem may be other�ise entit[ed, may be exercised, concurrently or independen#[y, frvm tirne to tEme and as of�en as may be deemed expedient by Trustee ❑r Lender, and either of them may pursue incans�stent remedi�s. Noth�ng in #his ❑eed of Trust shaII be cvnstrued as prohibiting Lender from seeking a�eficiency�udgment against the Trustor to the exten�such activn Es permitted by law. E�ection of Remedies. Ai1 vf Lender's rights and remedEes wilI be cumu�a�i�e and may be exercised alone ar �agether. If Lender decides to spend r�oney ��r to perform any vf Trust�r's obligatians under this Deed of Trust, a�ter Trusfior's failure tv dv so, that decision by Lender will not atfect Lender's r�ght to deciare Trustor in de#au�� and�❑exercise Lender's �emedies. Request tor Nntice. Trustar, an behalf of Trustor and Lender, hereby requests that a �opy❑f any Not�ce❑f❑��au�t and a copy of any Notice ❑f Sale under this Deed vf Trust be mai�ed to them at the addresses se��orth in the �irst paragraph o�th�s Deed❑�Trust. � Aitorneys` Fees, Expense$. lf Lender institu'tes any suit o� action to enfvrce any of �he terms o� this C7eed ❑� Trust, Lender shall be entitled tv recv�er such sum as the cvur'�may ad�udge reasvnable as attorneys' fees at tria� and upon any appeal. 11Vhether or not any cvurt act�on is involved, and to the ex�en� not prohE�ited by Iaw, a�l reasanable expenses Lender incurs that in Lender's opinion are necessary a�t any time �or the prat�ctian o�F its interest�r the en�orcernent❑�its rights shaif becvme a part Qf the indebtedness payab�e vn dem�nd and shall bear Enterest at ths Npte rate from the date❑f the expenditure until repaid. Expenses co��red by this paragraph include, withou� limi�ation, hov+rever sub�ect to any �imits under app[icabfe Iaw, Lender's attorneys' fees an� Lender's �egal expenses� whether or nat there is a Iawsuit, including attarneys' fees and expenses far bankruptcy p�oceedings �including effvrts to mod��y❑r�aca�e an�automatic stay❑r injunction}, appeals, and any anticipated post-�udgmen� coi�ectian serv�ces, �he cost vf searching recards, obtaining title reports �including �Forecfosure reports}, sur�eyors' repar�s� and appraisal f�es* title insurance, and fees f�r �he Trustee, to the extent permitted by applicable law, Trus�ar aEs❑wi[E pay any court cos�s, in add�tian ta ail other sums pravided by Iaw. Rights of Trustee. Trus�ee shall have af�a�the rights and dutEes v�Lender as set#�rth in this sec#Eon, � P�V11ER5 AND �gLIGATI�NS OF TRUSTEE. The fol�vv►ring provisions �elating to the pawers and ob[igatians o�Trus�ee are part v#this I�eed o�Trust: � Powers af Trustee. �n addition to a[[ powers of Trus#�e ar�sing as a matter of Iaw.Trus�ee sha[� ha�e the pawer#v take the �alivwing actions v►rith respe�t to �he Property upon the written reques�v�Lender and Trustor: �a�jvin in preparing and �iiing a map vr p�at of the F�eal Prvper�y, including the dedicativn ❑f streets ❑r other rights t❑ the pub�i�; �b} join in grantEng any easement ❑r creating any restriction on the Rea[ Property; and ��c} �oin in any subvrdination or❑ther agreement a�Ffecting th�s Deed of Trust vr the in�erest of Lender under�his Deed o�Trust. Trustse. T�ust�e sha1I meet a�i quafifications required �or Trustee und�r applicable law. In additivn tv the rights and remedies set fvrth above. �rvith �espect to afE or any part vf the Proper�y, the Trustee shaI� ha�e the right tv �orecEose by notice and sale, and Lend�r will have the right tn #orec[ose by judicia� �areclosure, in either case in accardance with and to the fu��extent p�o�ided loy appIicab�e�aw. Successvr Trustee. Lender, at Lender's vptifln, may from time tn time appvint a suc�essor Trus�ee ta any Trustee appointed under this Deed af Trust by an instrum�nt execut�d and acknv►nr�edged by Lender and recorded in the ❑ffi�e ❑f the recorder o� HALL Cvunty� State of Nebraska. The instrument sha�l contain, in addition to a[I vther matters requEred by s�ate Ia►rv, the names o�F the or�ginal Lender. Trus�ee, and Trustor, the baak and page �a� camputer sys�em reference� where this ❑eed af Trus# is record�d, and the name and address �� the successar trustee, and�he instrument shall be executed and acknow[edged by aII the benefi�iaries under this Qeed af Trust❑r �heir successors in interest. The successor trus�ee, withvut con�eyance of the Prvperty, sha�l succeed tv a�� the title, power. and duties con�erred upvn the Trustee in this Deed of T�rust and by app�icable law. This procedure�or subs�titution o�Trustee sha�l go�ern to the exclusion of a!I other pra�isions for substitu�ion. NOTICES. Any no�i�e required tv be given under �his �eed of Trust, inc�uding withou� iimitation any notice ❑f defau[t and any notice a�sale shaEl be gi�en in wrt�ing. and sha�E be ef�ecti�e when actually delivered, vvhen actually recei�ed hy tefefacsimile tun[ess otherwise required by�aw}, when depvsited with a natianally rec.agnEzed o�ernight c�urier, or, if mailed, when deposited �n the United States mai[. as fi�st cIass, ce�tified ar r�giste�ed mai! postage prepaid, d�rected t❑ the addresses shvwn near the beginning o�this Deed ❑�Trust. AII copies o�notices vf foreclosure fr�m the h�fder o�F any fien which has priority vver this Deed ❑�Trust shai! be sent�o Lender's address, as shown near the beginning of this Deed ❑�Trust. Any person may change his ❑r her address fvr nvtices under this ❑eed o�F Trus� by gi�ing #ormal written nvtice �o the other persan ar persons, specifying that the purpnse of the nofiice is to change �he persvn's