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2� 1 ����41
<br /> DEE� �F TRUST
<br /> Loan No: 7�"I298376 �Continued} Page 8
<br /> Trusfiee or Lender, it being agreed that Trustee and Lender, and ea�h of themf shalf be entit��d to en�force this Deed
<br /> ❑f Trust and any other se�urity naw ❑r h�rea�ter he�d hy Lender ar Trustee in such order and manne�- as xhey or
<br /> either of them may in fiheir absoiu�e disci•etion determine. No remedy �vnferred upon ❑r res�r��d to Trustee ❑r
<br /> Lender, is �n�ended tv be exc[usi�e �t any other remedy in this Deed of Trust ar hy law prv�ided ❑r permifited, bufi
<br /> each sha�i be cumu�ati�e and shall be �n addi�i�n to e�ery ❑ther remedy gi�en �n this D�ed ❑f T�usfi or now or
<br /> h�reafter�xis�ing at law or in equity or by sfia�u�e. E�ery powe�❑r r�medy gi�en by the Note or any flf the Re[ated
<br /> Documen�s ta Trustee ❑r Lender or �v which e�ther of them may be otherwise enti#[ed, may be exercised,
<br /> concurrently or independently, fram time�o time and as often as may be deemed exp�d�ent by Trustee ar Lender,
<br /> and �ither of them may pursue inconsisten� remedies. Nvthing in this ❑eed vf Trust shall �e construed as
<br /> prohib�ting Lender from seeking a deficiency judgment against the Trustar tv the extent such action is permi�ted by
<br /> law. Eiection by Lender ta pursue any remedy shall na� exclude pursuit of any other remedy, and an elec#ion to
<br /> make expenditures or to take action tv perfiorm an �bligatEan af Trus�ar under �his Deed o�Trust, af�er Trustor's
<br /> �Failure t❑ perf�rm, shall not a��ect Lender'� right to declare a defau[t and exercise its remedi�s.
<br /> Request fvr Nvtice. Trustor, on behalf❑f T�usfivr and Lender, hereby r�quests that a copy o�any No�ice ❑f Detaul�
<br /> and a cvpy of any NvtiCe ��Sale und�r this De�d of Trust be mai[ed to them at the addresses set forth in the #irst
<br /> paragraph�f this Deed of Trust.
<br /> Attorneys' Fees; Expenses. 1�F Lender in�titutes any suit ar action ta enforce any of #h� terms ❑f �his Deed af
<br /> Trust, Lender shafl be enfiitled to reca�er�uch sum as the c�u�t may adjudge �easonable as a�tvrneys' fees at trial
<br /> and upon any appeal. Whefiher �r not any court ac�ion is in�olved, and to the extent nat prohibited by Iaw, al[
<br /> reasonahie expenses Lender incurs that En Lender's opinion are necessary afi any tim� �or the protection o� its
<br /> interest ar#he en#or�ement of its rights sE�a�l bec�me a par#af the [ndebt�dness payab[e on d�mand and sha11 bear
<br /> interest at the Nate rate from the date at the expenditure until repaid. Expenses co�ered by this pa�-agraph include,
<br /> without �imifiatian, h�we�er subject to any� limits under applicable law, Lender's atfiorneys' fees and Lender's legal
<br /> expenses, whether or n�t there ;s a law�uit. inciuding attorneys' tees and expenses for bankruptcy proceedings
<br /> �including effarts to modify or�acate any�ufiomatic stay or inJunction}, appea[s, and any anticipated past judgment
<br /> caiiecfiion ser�ices. th� cos� of searching records, v�taining title reparts �inc[uding forec[osure reports}, sur�ey�rs'
<br /> reports, and appraisal fees, titEe insuranc�, and #�es for the Trus�ee, fio the extenfi permifified by applicable law.
<br /> Trustor also wil[ pay any court costs, in addition to all ather sums pro�ided by iaw.
<br /> Righ#s of Trustee. Trus�ee shall ha�e all vf the rights and du�ies of Lender as set�Forth in this section.
<br /> P�WERS AND aBL1GATI�NS �F TRUSTEE. The following pro�isions relating t� �he powers and obl�gativns o�Trustee
<br /> are parfi of�his Deed o�Trus�:
<br /> Pvwers of Trustee. [n additivn fiv aI� powers of Trus�ee arising as a matter❑f law, Trustee shalE ha�e the power to
<br /> take the ta[[owing actions wEth respect to fihe Properfiy upon �the written reques# ❑f Lender and Trustor: �a}join in
<br /> preparing and filing a map or plat o� the Real Property, inc�uding the dedication o� streets or other righ�s tv the
<br /> public; �by join in granting any easement or crea�ing any restrictivn on the Rea[ Property; and tcy �oin in any
<br /> subordination or�ther agreem�nt affecting this Deed ❑fi Trust❑r the int�rest of Lender under th3s ❑eed of Trust.
<br /> Trustee, Trustee shall meet all qualifica�ivns required �ar Trustee under app[icab[e �aw. In addition to the rights
<br /> and remedies sefi fvr�h abo�e, with respect tv a�! or any part ❑f the Property, the Trustee shall ha�e the right to
<br /> forec[ase by notice and saie, and Lender sha[I ha�e the right to �areciose by�udicial foreclosure, in either case in
<br /> accordance with and t❑the#ull extent prauided by app[icab[e [aw.
<br /> Successor Trustee. Lender, at Lend�r's a;p�ion, may frvm time tv t�me appaint a suc�essar Trustee to any Trustee
<br /> appoint�d under this Deed of T�ust hy an instrumen� executed and acknowledged by Lender and recorded in the
<br /> ❑ffic� vf th� recarder vf HALL County, Sfiate af Nebraska. The �nstrumen� sha[[ cantain, in additian �o all ❑ther
<br /> matters required by sta�e [aw, the names ❑t the �rigina! Lender, Trustee, and Trustor, the baak and page {or
<br /> �omputer system reference} where this L7eed of Trust is recvrded, and the name and address of the succ�ssor
<br /> #rustee, and the instrument shal[ b�execu•�ed and acknowfedged by all�he bene�iciaries under this �eed of Trust�r
<br /> th�ir successvrs sn interest. The successor trustee, w�thaut con�eyan�e flf the Prvperty, shall succeed to a!1 the
<br /> tit[e, pawer, and duties conferred upon�he Trustee in�his ❑eed o�Trus#and hy app[icah�e [aw. This pracedure for
<br /> substitu�ion of Trustee shall go��rn t❑the exc[usion flf all other provisions for suhstifiufiion.
<br /> NOTICES. Any nofi�ce required �❑ be gi�en under�his Deed of Trust, inc[uding without limi#ation any na�ice o� defauit
<br /> and any nvtice a�sal� sha11 be gi�en in writing, and sha[l be effecti�� when actually delivered, when actually recei�ed
<br /> by�elefacsimEEe �unless otherwise required by [�aw�, when deposited with a na�iana�ly recflgnized a�ernight c�urier, ar, if
<br /> maiied, when depasited �n the Llnited States maii, as first class, certifi�d vr regfstered mail pastage prepaid, directed to
<br /> the addresses shawn n�ar the heginning of this ❑eed of Trust. A�� copies o� notices of#oreclosure from the holder af
<br /> any lien which has privrity ��er �his Deed of Trust shall be sent to Lender's address, as shawn near the beginning of
<br /> this Deed a�F Trust. Any party may change it� address for natices under this Deed of Trust by gi�ing #ormal wri�ten
<br /> natice �❑ �he other parties, speci#ying that th� purpose of the natice is t❑ change the party's address, For na�ice
<br /> purposes, Trustor agrees to keep Lender infarr�-�ed at all times ❑t Trust�r's current address. Unless otherwise pro�ided
<br /> or required by [aw, i�there is mo�e than one T�us�ar, any notice gi�en by Lender fio any T�ustor �s deemed to �e notice
<br /> gi�en ta a[[Trustors.
<br /> M15CELLANE�US PR�V�SI�NS. The fa[[�wing miscellaneous pro�isEvns are a part vf this ❑eed of Trust:
<br /> Amendments. This Deed of Trust, togeth�r with any Re[at�d aocumen�s, cvnstitutes the entire understanding and
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