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2� 1 ����37
<br /> DEED �F TRUST
<br /> Lvan Na: "i�'I�98��8 �Cotltitlued� Page S
<br /> actian �r pursuan� to �he p�wer of sale a�• oth�r powers contained in this Deed of Trust, shal[ prejudice vr in any
<br /> mann�r affect Trustee's or Lender's right �o realize upon ar enfor�e any ather se�urEty n�w vr hereafter held by
<br /> Trus�ee❑r Lender, it�aeing agreed fiha�Trustee and L�nder, and each❑f them, shall b��ntitled�o ent�rce�his �eed
<br /> of Trust and any ❑ther security now ❑r h�reafter he�d by Lender or Trustee in such order and manner as they ar
<br /> either ❑f them may in their absalute discre�ion determ�ne. Na remedy conferred upon or reser�ed tia Trust�� or
<br /> Lender, is �ntended ta be exclusi�e o�F any �ther rem�dy in �his D�ed of Trust or hy [aw pra�ided �r permitted, but
<br /> each shaf� be �umulative and shal[ be in addition to every ather remedy gi�en in this Deed ❑f Trus� or nvw or
<br /> hereafter�xisting at iaw ❑r in equity or by statute. Every power❑r remedy gi��n by th� Note or any of the Re�ated
<br /> ❑ocuments to Trusfiee or Lender vr fo which eith�r o# �hem may be otherwise entit[ed, may b� exercised,
<br /> cancurrent[y or independently, #rom time t❑ time and as ❑ften as may �e deemed exp�dient by Trus�ee or Lender,
<br /> and eifiher �f them may pursue inconsis��nt remed�es. Nvthing in this ❑e�d ❑f Trust sha[[ be construed as
<br /> prvhibi�ing Lender from seeking a def�ciency judgment against th�Trustar ta �he extent such action is permitted by
<br /> law. E�ection by Lender tv pursue any remedy shal� nofi exclude pursuit ofi any vth�r remedy, and an election t❑
<br /> make expenditures ❑r t❑ tal�e action to per#orm an abligation v�Trustvr under this Deed ��Trust, after Trustvr's
<br /> failure to per�arm, sha[[ not affect Lender`�► right to dec�a�e a defauft and exercise its remedies.
<br /> Request fo�Noti�e. Trustor, on �ehalf o�Trustor and Lender, here�y requ�sts that a copy o�any Nvfiice of Default
<br /> and a capy of any Notice of 5a[e under this Deed of Trust be mailed #❑them at the addresses set farth in the �irst
<br /> paragraph of fihis Deed o#Trust.
<br /> Atkorn�ys' Fe�s; Expenses. I� Lend�r Ena�itutes any suit ❑r action to enfor�e any o� �he �erms af this Deed o�
<br /> Trust, Lender shall be entitled t❑ recover�uch sum as the caur� may adjudge reasonable as attorneys' �ees at trial
<br /> and upan any appeal. Vllhether or nvt ar�y cvur� activn is in���v�d. and tv the sxtent not prohibited by law, all
<br /> reasonab�e expenses Lender incurs �ha� in Lender`s vpinian are necessary at any time for the protec�ion ❑f its
<br /> interest❑r the �nfar�ement of its rights s�all becam� a part of�he Ind�btedness payable vn d�mand and shall bear
<br /> interest a�the N�te rate�rom�he date a€�he expenditure until repaid. Expenses cv�ered by th�s paragraph in�lud�,
<br /> without EEmitation, howe�er subject to any� limi�s under appli�able law, Lender's attorn�ys' fees and Lender's legal
<br /> expenses, whe#h��- ar not there Es a lawsuit, Enciud�ng attorneys' �ees and expens�s t�r bankruptcy proceedsngs
<br /> {including effor#s�v modify�r�acate any ��utoma�ic stay or injunctivn�, appea�s, and any anti�ipated post--judgmenfi
<br /> callection s�r�ices, the cost of searching records, ❑htaining title reparts {inciuding forec[�sure reports}, sur�eyars'
<br /> reports, and appraisal fees, tit[e insuranc�, and fees tvr fihe Trustee. to the exten� permi��ed by applicab[e law.
<br /> Trustor also w��� pay any caur�cas�s, in addition tv a!i o�her sums provided by iaw.
<br /> Righ�s of Trustee. Trustee shall ha�e all o�the rights and duties at Lender as set forth in this section.
<br /> P(�WERS AND �BLIGATl�NS �F TRUSTEE. The following pro�isians relating to the powers and ohliga�ivns of Trustee
<br /> are par�❑f#his Deed of Trust:
<br /> Pvwers of Trus#ee. 1n additian ta all pow�:rs ❑f Trustee arising as a mat�er of law, Trusfee shall ha�e#he power fio
<br /> take the foffowing acfiions wi�h respect t❑ the Proper�y upon the written request of Lender and Trusto�: {a} join in
<br /> preparing and fi[ing a map or plat ❑fi th� Real Property, includ�ng the dedication ❑fi streets or ❑ther rights ta �he
<br /> public; �b� join in granting any easement or creating any restri�tian on the Rea! Property; and tcy join �n any
<br /> subvrdinatEon or v�her agreement affec�ing this Deed ❑f Trust or the interest o�Lender under this Deed of Trust.
<br /> Trustee. Trustee shalf m�et a[I qua[ifications required for Trustee under applicab[� �aw. In addition to the rights
<br /> and remedies se� forth abo�e, wi#h respect to all or any part of the Property, the Trustee shall ha�� the r�ght to
<br /> far�c[ose i�y notice and sale, and Lende� shall ha�e the right ta for�c[ase by Judicial foreclosur�, in either �ase in
<br /> accordance with and to fihe fu[[extenfi provided by applicable law.
<br /> Suc�essor Trustee. Lend�r, at Lender`s o��tion, may fram time to time appoint a successor Trus�ee to any Trust�e
<br /> appoinfed under this Deed of Trust by an instrument executed and acknowledged by Lender and recvrded in the
<br /> at�ic� of �he recorder of HALL Cvunty, State v� Nehraska, The instrument shall contain, in addi�ion t❑ a�� other
<br /> matters required by sfa�e �aw, �he names of the ❑riginal Lender, Trustee, and Trust�r, the b�ok and page {or
<br /> computer sys�em referencey where �his C�eed of Trus� is recorded, and the name and address ❑f �he succ�ssor
<br /> #rust�e, and�he instrument shall be ex�cu�ed and acknowEedged by a[[the beneficiari�s under this ❑eed ��Trust ar
<br /> th�Er successors �n interest. Th� successor trustee, wi�hour con�eyance of�he Proper�y, sha[[ succeed to alf �he
<br /> title, power, and du�ies conferred upan the Trustee in thEs Deed af Trust and by applicable iaw. This pro�edure for
<br /> substitution of Trustee shall go�ern t❑the exclus�on of all ❑ther prv�isians�o�subs�itution.
<br /> N�TICES. Any n�tic� required ta be gi�en under this Deed of Trust, inc�uding without limitation any nvtice of default
<br /> and any notice of saie shall be gi�en in writinc�, and shal[ be effec#i�e when actually deli�e��d, when actua[Iy received
<br /> by teie#acsimile {unless❑therwise requi�ed hy [�wy, when depasited wifih a nationally recognized o�ernight�ourier, ❑r, i�
<br /> mailed, when deposited in the United S�ates mail, as �irst class, cer#ified ar regis�ered mai[ pastage prepaid, directed fio
<br /> the addresses shawn near the beginning ❑fi this Deed vf Trust. A�1 copies �� notices ❑f#oreclosure �rom the holder af
<br /> any lien whi�h has priarity o�er fihis De�d ofi l-rust shall be sent to Lender's address, as sh�wn near the beginning ❑f
<br /> �his D��d of Trusfi. Any party may change it� address for natices under �his Deed of Trust by gi�ing formal written
<br /> noti�e t� the ❑ther partEesr specifying fihat the purpose af the notice is t❑ change the party's address. For notice
<br /> purposes, Trustor agrees tv keep Lender informed at all times of Trustor's current address. Unless ❑therwise pro�ided
<br /> or required �y iaw, if there is mare than one Trustar, any nvtice gi�en !�y Lender t❑ any Trus#�r is d�emed to be notice
<br /> gi�en tv aIE Trustors.
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