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2� 1 ����57
<br /> DEE❑ �F TRUST
<br /> ��ontinued} Page 7
<br /> �eserved �o Trustee or Lender, is intended to be exclusive o�any o�her remedy in this ❑eed of Trust or by [aw
<br /> prav�ded ar permit�ed, but ea�h shall be cumula�i�e and shal[ be in addi��on to every other remedy given in this
<br /> Dee� ❑f Trust or now or hereaf�er exis#ing a� faw or in equi�y or by statu#e. Ev�ry pawer or remedy given by the
<br /> �redit Agreement or any of �he Rela�ed Documen�s to Trustee or Lender ❑� to which e�ther af them may �e
<br /> otherwise entit�ed, may be exercis�d, cancurrently or independen�ly, fr�m time to �ime and as often as may be
<br /> deemed expedi�nt by Trustee or Lende�, and either of�hem may pu�su� inconsis�ent remedies. Nothing �n this
<br /> Deed of Trust shal� be canstrued as prahibi�ing Lender from seek�ng a deficien�y judgmen#against the Trustor to
<br /> �he extent such action Es pe�mitted by�aw.
<br /> Ele�tion of Remedies, Ai� a� L�nde�`s rights and remedies will b� cumula�ive and may be exercised afane or
<br /> together. If Lender dec�des �o spend money or to p�rform any vf Trustor's obligations under this ❑eed fl�Trust,
<br /> a�ter Trustor`s fai�ure ta d� so, �hat decisian by Lender wi�l not affect Lender's right to de�lare Trustor in defau��
<br /> and to exercis�Lender's remed�e�.
<br /> Request for Not�ce. Trusto�, on behalf o�Trustor and Lender, hereby reque�ts�hat a copy of any No#i�e af Default
<br /> and a copy �f any No�ice o�Sale under#his Deed of Trust be mailed�o them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attarneys' Fees; Expenses. [f Lender inst�tutes any suit a� action to enf�rce any of the terms of this Deed af
<br /> Trus�, Lend�r sha�l be entit�ed to recover such sum as the court may adjudge reasanabfe as attorneys`fees a�trial
<br /> and upan any appeal. VIlheth�r or nat any cour� act�on is in�ol�ed, and �o �he ex�ent not prohibi�ed by [aw, a11
<br /> reasonable expenses Lender in�urs that in Lende�'s opinion are .necessary at any time for the protecti�n ❑� i�s
<br /> interest vr�he enforcement of its righ�s shall become a part af the Indebtedness payable�n demand and shal[ bear
<br /> infierest at the ��edi� Agreement rate from the da�e af �he expendi�ure until r�paid. Expenses co�e�ed by this
<br /> paragraph inc�ude, without[imitation, hovue�er subject to any limits under applicabfe law, Lender`s attorneys' fees
<br /> and Lender's legal expenses, whether or not there is a law�uit, including attorneys' f�es and expenses for
<br /> bankruptcy proceedings �includ�ng efforts to madify or�acate any automa��c s�ay nr injunction}, app�als, and any
<br /> anticipa�ed post-judgmen# col[ection servi�es, the cost afi searching records, obtaining �itle �eparts �including
<br /> farec[osure reports}, su�veyors' reports, and appraisal fees, tit�e insurance, and fees for the Trustee, to the extent
<br /> permitt�d by ap�licable law. Trustor aiso w�ll pay any caurt costs, in addition to a�l other sums pro�ided by law,
<br /> Rights o�Trus�ee. Trustee sha11 ha�e a11 of the righ�s and duties Q�Lender as set forth in this secti�n,
<br /> P�WERS AND flBLIGATl�NS �F TRl15TEE. The follawing pra�isions refating to the powers and o��igations of Trustee
<br /> are part of this Deed of Trust:
<br /> Pawers o#Trustee. ln addition to a�l powers of Trustee arising as a matter of law, Trustee sha11 have�h� power�o
<br /> take the follovuing ac�ians with respec�to the Property upon the wri��en request of Lender and Trustor: �a}join in
<br /> preparing and fi�ing a map o� plat of�he Real Proper�y, in�[uding the dedication a�stree�s o� o�her rights to the
<br /> public; �b} jain in grant�ng any easement or creating any restrictian on the Real Property; and �c} join in any
<br /> subardination or other agreement affecting this Deed o'�Trust or the in�erest of Lender under�this Deed of Trus�.
<br /> Trustee. Trustee shall meet a[! �ual��ications requi�ed for Trustee under app[icable faw. In addition to the rights
<br /> and remedies set forth abave, wifh respec��o all o�any part af the Property, the Trus�ee shall ha�e �he right to
<br /> foreclase by natice and sale, and Lender will ha�e the right to �oreclose by judic�al fareclosure, in ei�her case in
<br /> accardance with and�o the�u�l extent provided by applicable law.
<br /> Successor Trustee. Lend�r, at Lender's optian, may from time ta time appoint a successar Trustee to any Trust�e
<br /> appointed unde�th�s Deed of Trust by an instrument executed and acknow[edged by Lender and recorded in the
<br /> �ff�ce a�the recarder v'� HALL County, State of N�braska. The instrument shal� contain, in additian t❑ all other
<br /> matters required by sta�e 1aw, the names of th� ariginal Lender, Trus�ee, and Trustor, �he book and page �or
<br /> �amput�r sys�em reference} where �his ❑eed of Trust is re�orded, and the name and address o�the suc��ssor
<br /> #rustee, and th�inst�rumen�shafl be exe�uted and acknawledged by all the benefic�aries unde�this Deed of Trust ar
<br /> their successors in interest. The suc�essor trustee, wi�hout �an�eyance of the Property, shall succ�ed ta all �he
<br /> tit[e, pawer, and du#ies conferred upon the Trustee in this Deed of Trust and by appl�cable [aw. This pra�edure�or
<br /> substitution of Trustee shall go�ern to the exclusion of a[�o�her provisions for substitution.
<br /> N�TICES. Any not�ce �equired to be gi�en under this Deed ❑f Trust, �ncCuding without��mi#ation any no�iee o�de�ault
<br /> and any n�tice �f sale shall be given in writing, and shal� be effe�ti�e when actuafly de(i�ered,when a�tually received
<br /> by�ele�acsimife�uniess❑therw�se �equired by law},when deposited with a nationally recogni�ed ��ernight couri�r, ar, if
<br /> ma�l�d,when deposi�ed in the Uni�ed States mail, as�irs�class, certified Qr regis�ered mail postage prepaid, directed�o
<br /> the addresses shawn near the beginning o�this D�ed o�Trust. Al[ copies of notices of foreclosure from the holder of
<br /> any �ien which has prior�ity over this Deed o�Trust sha[1 be sent ta Lender's address, as shown near�he beginning of
<br /> #his Deed af Trus�. Any person may change his or her address far notices under�his Deed of Trust by gi�ing farmal
<br /> wri���n natice to the other person ar persans, specifying that the purpase of the no�ice �s ta change the person's
<br /> address. Far notice purposes, Trustor agrees�o keep Lender informed at all times of Trustor's curren�address. Unless
<br /> otherwise provided or required by �aw, if there is mare than one Trusta�, any notice given by Lender�o any Trustor is
<br /> deemed to be no�ice gE�en�❑all Trus�ors. It will be Trustor's respansibility t�teCl�he o�hers of the no�ice fr�m Lender.
<br /> MISCELLANEQUS PR�VI5I�NS. The fo�lowing misce�[aneous pro�isions are a part of this❑eed vf Trust:
<br /> Amendments. Vllhat is written in �his Deed o�Trust and in the Related �ocuments is Trus�or's entire agreement
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