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2� 1 ��� 152
<br /> DE�D �F TRUST
<br /> �Continu�d} Pag� 7
<br /> manner as they or either of them may �n their absolute disGretion determine. No r�medy conferred upan or
<br /> reserved to Trustee ar Lender, is intended to be exclusi�e of any other remedy in th is Deed of Trust or by law
<br /> p�o��ded or permitted, hut ea�h sha�� be cumula�i�e and sha[I be �n additiQn to e�ery a�her remedy gi�en in this
<br /> Deed of Trust or now or hereafter exis�ing at �aw o�in equity or by statute. Every power or remedy giWen by the
<br /> Credit Ag�eement or any af �he Rela�ed Documents ta Trustee or Lende� ar to which ei�her a� them may he
<br /> �therwise entitled, may be exercis�d, cancurrently or independently, from t�me to �ime and as o�ten as may be
<br /> deemed exped�ent by Tru�tee ar L�nder, and eith�r o�them may pursue �nconsistent remedies. Nathing in th�s
<br /> D�ed a�Trust shall be canstrued as proh�bit�ng Lender fram seeking a defciency judgment agains�the Trustar to
<br /> the extent such action is permi�ted by law.
<br /> Election of Remedies. All of Lender`s righ�s and remedies w�ll be cumulati�e and may he exercised alone or
<br /> tagether. I� Lender decides �o spend maney or to perform any o�Trustar's abligations under this ❑eed af Trust,
<br /> after Trustor's failure to do sa, that decision by Lender wflf not at�ec# Lender's right ta declare Trustar in default
<br /> and ta exercise Lender's remedies.
<br /> Request far Notice. Trustor, an behalf of Trustor and Lender, hereby requests that a copy o�any Noti�e��C�efault
<br /> and a copy of any Nat�ce of Sale unde�thi� Deed o�Trust be mailed to them a�the addresses set for�h �n�he first
<br /> paragraph of this Deed❑�Trust.
<br /> Attorneys' Fees; Expenses. lf Lend�r insti�utes any suit or action ta enfarce any of�he terms of this Deed �f
<br /> Trust, Lender shafl be entitled �o �eco�er such sum as the court may adjudge reasonable as attarneys' fees at�rial
<br /> and upan any appeai. Whethe� or n�t any caurt action is involved, and �o #he ex�ent not prahibit�d by law, afl
<br /> reasonable expenses Lender �ncurs that in L�nder's opinion are necessary at any time for the protec�ion of �ts
<br /> inter�st or the enfvrcement of its rights shall become a par�af the lndeb�edness payable on demand and sha�l bear
<br /> interest a� the Credit Ag�eement rate f�om the date of the expenditure until repaid. Expenses ���ered by this
<br /> paragraph include, without limi�ation, howe��r subject to any limi�s under app[�cable iaw, Lend�r's attorneys' f�es
<br /> and L�nder's I�ga! expenses, whethe� or n�� there is a lawsuit, including at�orneys` fees and expenses for
<br /> bankrup�cy proGeedings ��ncluding effa�ts�o modify or�acate any automa�ic stay o� injunction}, appeals, and any
<br /> anficipa�ed post�judgmen� collection S�IVlC�S, the cosf af searching records, abtaining �it�e repor�s �including
<br /> �oreclosure reporks}, surveyors' repor�s, and appra�sal�ees, title insurance, and fees for the Trustee, to the exten�
<br /> pe�mitted by applicable�aw, Trus�ar a�so will pay any�our�costs, in additian#a alf o�her sums pro�ided by law.
<br /> Rights of Trus�ee. Trustee sha[� have af[o��h�righ�s and duties o�Lender as set for�h in�his section.
<br /> P�1�VERS AN D �BLlGAT�4NS�F TR�STEE. The fallowing pravisians relating to the powe�s and��iigat�ons❑f Trustee
<br /> are part af this Deed o�Trust:
<br /> Powers �f Trustee. In addition to al�powers of Trustee ar�s�ng as a mat�er of law, Truste�shall have the pow�r�a
<br /> take the fo�lowing ac�ions w�th respe�t to�he Property upon �he wr�t�en request of Lender and Trustar: (a}join in
<br /> preparing and filing a map or plat af the Real P�aperty, including the dedica�i�n of stre�ts or other �ights to the
<br /> public; (b} join in granting any easement or creat�ng any restr�ction an �he Reaf P�aperty; and �c} �ain �n any
<br /> subordination or other agreemen�affecting this Deed af T�ust or the inferest o�Lende�under this Deed❑�Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable Eaw. In addition to the �igh�s
<br /> and r�medies set forth above, with respec�to all or any pa� of the Property, the Trustee shall have the right to
<br /> farec�ose by noti�e and sale, and Lender wil� have �he r�ght to foreclose by judicial forec[osure, in ei�her �ase in
<br /> accardance with and�o the ful!extent pro�ided by applicab�e faw.
<br /> Successor Trustee. Lender, at Lender's option, may from t�me�a time appoin�a successor Trustee to any Trustee
<br /> appointed under this Deed o�F Trust by an instrument executed and acknowledged by Lender and re�orded in the
<br /> offiGe of the recorde� of HALL Coun�y, Stat� o� Neb�aska. The instrument shall conta�n, in addi��an to a11 other
<br /> matters required by state 1aw,�the names o� the original Lender, Trustee, and Trustor, the b�ok and pag� �or
<br /> computer system reference} where this Deed of Trust is recorded, and the name and address of the sucGessor
<br /> trustee, and the instrument sha11 be executed and a�knawledg�d�y all the�eneficiaries under this Deed of Trust or
<br /> thei�successors in interest. The suc�essor trustee, without conveyance of the Property, shafl succeed to al� the
<br /> t��le, power, and duties c�nferred upon the Trustee in this Deed af Trust and by applicable faw. This p�ocedur�far
<br /> substi�ution of Trus#ee shaCl go�ern to the exclusian af all other proWisions for substitution.
<br /> NC]TICES. Any notic� required to be g��en under th�s ❑eed of Trus�, inc�uding wi�hout limitation any notice of default
<br /> and any n�tice of sale shall be given in writ�ng, and shall be effecti�e when actual�y de�ivered, vuhen actual[y re��ived
<br /> by telefacsimile �un�ess othenlvise required by law},when deposited with a nationally recognized overnight courier, ar, if
<br /> mailed,when deposi�ed in the Uni�ed S�ates mail, as first class, certified or regis�ered maii postage prepaid, directed�o
<br /> the add�esses shown near the beginning ❑f�his Deed of Trust. All copies of not�ces of�oreclosure from the haid�r of
<br /> any [ien which has priarity o�er this ❑eed of Trust shal[ be sent�o Lender°s address, as shown near the beginning o�
<br /> �his Deed of Trus�. Any person may change his or her address for na�ices under this Deed of Trust by giving farmal
<br /> writ�en not�ce to �he other persvn or persons, specifying tha� the purpose of the notice is to change the person's
<br /> address. For notice purpases, Trustor agrees to keep Lende�infarmed at all times�f Trustar's current address. Unless
<br /> ❑therwise prov�ded or required by lavu, ���here is more�han one Trust�r, any natice given by Lender to any Trustar is
<br /> deemed t�be notice given fio a!1 Trustors. It will be Trus�or's�espansibi[i�y�a te�l the athers of the no�ice fram Lender.
<br /> MISCELLANE�IJS PR�VISIQNS. Th�fol��w�ng misce[laneaus pro�isions are a park o�this Deed of Trust:
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