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2� 1 ��4199
<br /> �EE� oF T�us�r
<br /> Loan Na: 'I�'1�9�4�8 ����1ti�ued} Page 7
<br /> and either of them may pursue �nconsistenf �emedies. Nvthing in this Deed of Trus� shall be cvnstrued as
<br /> prohibitin� Lend�r fram seeking a deficiency judgm�nt agaEnst the Trustor�o the ex�en�t such a�tion �s permitted by
<br /> Iaw.
<br /> Election af Remedies. Al� of Lender's r�ghts and remedies will be cumulati�e and may be �xercised alone ar
<br /> together. lf Lender decides t� spend money ar to perfvrm any of Trustor's vbligations under this Deed of Trust,
<br /> after Trustor's failure t� da so� that decision by Lender will nat affect L�nder's ri�ht to declare Trustar in defaul�
<br /> and ta exercise Lender's reme�ies.
<br /> Request fivr lVoti�e. Trustar, on behalf of Trustar and Lender, h�reby requests�fhat a capy af any No�ice vf Default
<br /> and a copy o�any Natice of 5ale under�his aeed of Trust be mai[ed tv th�m at the addresses set forth in the �irst
<br /> paragraph�f this Deed af Trust.
<br /> Attorneys' Fees; Expenses. Ef L�nd�r institutes any suit vr action ta enfivrce any o� the terms o� this Deed of
<br /> Trus�, Lender shall be entit�ed to reca�er such sum as the c�u�t may adjudge reas�nable as a�fivrneys' fees a�trial
<br /> and upan any appeal. Vllhe�her vr not any court action is in�olved, and t� the exten� not proh�bified by law, aIl
<br /> reasonable expens�s L�nder incurs tha� in Lender's opinion are necessary at any �ime for the protection of its
<br /> interes�or the enforcement�� its rights shall become a part af the Indebtedness payable on demand and shall bear
<br /> in�erest a�th� Nofe rate from the dat��f th�exp�nditure until repaid. Exp�nses co�ered by this paragraph in�[ude,
<br /> withou�t limitatian. howe�er su�ject tfl any limits under appl�cable law, L�nder's a�t�rneys' fees and Lend�r's legal
<br /> expenses, whe�her or not there is a lawsuit, including att�rneys' �ses and expenses far bankrupficy pro��edings
<br /> {including ef�orfs to modify or�acate any aut�matic stay ar insunction}, appeals, and any antic�pated post--judgment
<br /> collection ser�ices. the cost af searching records, �b�aining t[tle repor�s tinclud�ng foreclosure rep�r�s}, surWeyars'
<br /> reports, and appraisal f�es, �ifil� insurancer and �ees �or the Trustee, to the �xt�nt permi�ted by applicable law.
<br /> Trustor als� wilf pay any cour�cvsts, in�ddition t� all ofiher sums provided by�aw.
<br /> Rights of Trustee. Truste�shall ha�e all of th� rights and duties of Lender as set for�h in this sectian.
<br /> PDVIIERS AND aBLI�ATI�NS aF TRUSTEE. The fall�wing provisians relating ta th� pawers and ohligatians o�F Trustee
<br /> are part of this Deed ��Trust:
<br /> Pvwers of Trus�tee. In addi�i�n to all pawers o�Trust�e arising as a matter�f�aw. Trustee shali ha��the power to
<br /> take the following ac�ions with respect to the Property upan the written request af Lender and Trustor: {a� jain in
<br /> preparing and filing a map ar pfa� of �he Real Prvperty, inc[uding the dedication o� streets or o�h�r rights �v the
<br /> public; {bf jain in granting any eas�ment or �rea�ing any r�strictian on the Real Prop�rty; and �cy j�in �n any
<br /> subordination ar other agreement a�f��ting this Deed o�Trust or th� interest o�Lender under this Deed a�f Trus�.
<br /> Trus�e�. Trustee shal[ meet al! quali��cations required #or Trustee under applicable law. !n addi�tion to �he rights
<br /> and r�medies set forth abo�e, with respect t� a�l or any part of the Property, th� Trustee shall ha�e �he right to
<br /> �areclose by notice and sale, an� Lender wil! have �he righfi to foreclos� by ju�icial foreclvsure� in either case in
<br /> accordance with and to�he full exten�pro�ided hy appii�able law.
<br /> 5ucc�ssor Trustee, Lender, at L�nder's option, may frQm time to time appo�n�a successor Trustee to any Trus�ee
<br /> appainted und�r this Deed o�f Trust �y an instrument executed and acknowl�d�ed by Lender and recar�ed in the
<br /> office of the recorder of HALL Coun�y, 5tate of Nebraska. The instrument shall cvnta�n, �n addition to all ather
<br /> matters required by state iaw, the names of the original Lender, Trustee, and Trustor. the book and page ��r
<br /> compu�er system re�erencey where this Deed of Trust is rscorded, and fihe name and address of the successor
<br /> trus�ee, and the instrum�nt shall he �xe�uted and acknowledged �y al1 the beneficiaries under this Deed of Trust vr
<br /> their success�rs in interest. The succ�ssor trustee, withaut con�eyance of the Praperty. shall succeed ta all �he
<br /> �itie, pawer, and duties cvnferred upon�he Trus�ee in�his Deed o�Trust and by app{icable law. This procedure for
<br /> substitutian o�Trustee shall go�ern to th�exclusian of all othgr provisi�ns for substitution.
<br /> N�TlCES. Any n�fi�ce re�uired to be gi�en under this Deed o� Trust, including without limitation any no�i�e of default
<br /> and any no�tice �f sale shall be given in writin�, and shall be �ffectiWe when actually deliWered, when actually received
<br /> by telefacsimile tunless otherwise required by law}, when depvsited with a nafi�ona�ly recogni�ed overnight courier, or, i�
<br /> mailed, when depnsited in�he �nited 5tates mail, as first cfass, �ert�fied or�egistered mail pastage prepaid, directed to
<br /> the addresses shown near the beginning �f this Deed of Trust. All copies of notices vf foreclosure frvm the h�lder of
<br /> any lien which has priarity o�er this Deed o� Trust shafl be sent t� L�nder's address, as shown near the beginning vf
<br /> this Deed of Trust. Any person may change his vr h�r addr�ss for notices under this D�ed of Trust by gi�ing farmal
<br /> wri��en notice �o the ather person or persons, sp�cifying that the purpose of the notic� is to change �he persan's
<br /> address. For notice purp�ses, Trustor agrees t� keep Lender in��rmed at aIl times of Trustor's current address. Unless
<br /> oth�rwise pro�ided or required by law, if there is more than one Trus��r, any notice gi��n by Lender tti any Trustvr is
<br /> deemed to be n�tice gi�en to all Trustors. lt wil! be Trusfiar's responsibili�y tv tel��he❑thers�f�the natice from Lender,
<br /> M�SCELLANE�US PR�VISIaIVS. Th�fallav►ring miscellanenus pra�isions are a par�of this Deed af Trust:
<br /> Amendments. Vtilhat is written in this Deed o�Trust and in the Related i�ocuments is Trustor's �ntir� agreement
<br /> with Lender cvncerning the ma�ters co�ered by�this Deed of Trusfi. Ta be effective, any change or amendment ta
<br /> �his Deed of Trus� must �e in writing and must be signed by wha�ver wi�l �e bound ar obligated by the change or
<br /> amendment.
<br /> Capfion Headings, Captivn headings in this Deed o�f Trus� are for canv�nience purp�ses only and are n�t #o be
<br /> used to interpret or define the pro�isivns n�this Deed of Trust.
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