Laserfiche WebLink
2� 1 ���918 <br /> DE�D �F TRLJST <br /> ��ontinued} Pa�� 7 <br /> manner as they or either of them may fn their absolufe discretion determine. No remedy conferred upon or <br /> reserved to Trustee or Lender, is in�ended to be excfusi�e of any other remedy in this ❑e�d of Trust or by law <br /> praWided or permit�ed, but ea�h shalf be cumulative and shal! be in addi#ion to e�ery a�her remedy gi�en in this <br /> Deed of Trust or navu or hereafter exis�ing at 1aw or ir� equity❑r by sta�ut�. Every power ar remedy gi�en by the <br /> Credit Agreement ❑� any o� the Related D�cuments to Tru�tee or Lender or ta which either af them may be <br /> ofherwise enti�led, may h� exercised, concurrently or independent�y, fram time to time and as �ften as may be <br /> deemed expedient by Trustee ar Lender, and either of them may pursue inconsistent remedies. Nath�ng in this <br /> Deed o�Trust shal� be cvnstrued as prohibiting Lender from seeking a d�fciency�udgmen�against the Trustor to <br /> the extent such actifln is permitted by law, <br /> Elect�on a� Remedies. All �� Lender`s r�ghts and remedi�s wili be cumulative and may be exercised ai�ne or <br /> toge�her. If Lender decides to spend money ar to pe�farm any of Trusta�'s obiigatians under this Deed af Trust, <br /> af�er Trustar's failure to da sa, that decision by Lender will nat affec� Lender's righ��o declare Trustar in default <br /> and�o exercise Lender's remedies. <br /> Reques��ar No�ice, Trustar, �n behal�of Trustor and Lender, hereby requests that a copy��any Notice af Default <br /> and a copy of any Notice af Sa1e under th�s D�ed of Tru��be mai�ed ta�hem at the addresses set far�h in th�first <br /> paragraph of fhis ❑eed af Trust. <br /> At��rneys' Fees; Expenses. if Lender institu�es any suit or action �o enfa�ce any of the terms of�his Deed ❑f <br /> Trus�, Lender sha�l be entitled�a recover such sum as#he court may adjudge reasanabie as attorneys' fees at�r#a1 <br /> and upon any appeal. Wheth�r or not any court action is in�olWed, and to the extent not prahibited by iaw, af� <br /> reasonabl� expenses Lender �ncurs that in Lender's op�nivn are necessary a� any time �or the prote�tion of its <br /> interest or the en�orcement o�its rights shalf become a part of the �ndebtedness paya�le on demand and sha�l bear <br /> inter�st at the �redit Agreement rate �rom the date af the expendi�ure until repaid. Expenses ca�ered by #his <br /> parag�aph �n�lude, withouf limitati�n, hawe�er subj��t to any limits under applicable law, Lender's a�torneys'fees <br /> and Lender's fegal expenses, whether or not th�re is a lawsu�t, in�iuding atta�neys' fees and expenses for <br /> bankruptcy proceedings �inc�uding effarts�o madify or�aca�e any automatic stay or injunc�ion), appeals, and any <br /> anticipa�ed postw�udgment collec�ion services, the �os� o� searching recards, obta�ning title reports {including <br /> foreclosure repor�s}, surveyo�s' repor#s, and appraisal fees, t�tle �nsurance, and fees for the Trustee, to the extent <br /> permitted by app�icable law. Trustar also wil� pay any cou�t costs, in addi�ion fo a{1 other sums provided by law. <br /> Rights o�Trus�ee. Trustee shall have a�l of the rights and duties of Lender as set for�h in this se�tion. <br /> PaWERS AND OBL�GAT��NS �F TRUSTEE. The foilowing proW�sions relating to the powers and obliga�ions of T�us�ee <br /> are part of th�s Deed af Trust: <br /> Powers of Trustee. fn addition to a�l powers o�Trustee arising as a matter of law, Trustee sha�! have the powe��a <br /> �ake the following actions with respect to the Property upon the written request o�Lender and Trustor: �a}join in <br /> prepar�ng and filing a map or plat of�he Rea! Property, inc�uding the dedication af streets or other r�ghts to the <br /> publ�c; ��} jain �n granting any easement or creating any �estrictian on the Reaf Prope�ty; and �c} join in any <br /> subordinat�on o�other agreement aff�cting this Deed af Trus�or the interes�af Lender under this Deed❑f Trust, <br /> Trustee. Trustee shall meet a[f qualifi�a�ians required �or Trus�ee under applicable �aw. In addition to the rights <br /> and remed�es set forth abo�e, with respect ta all or any par� of the Property, the Trustee shal� have th� right ta , <br /> foreclase by notice and sale, and Lend�r will have the right to foreclose by judicia[ €oreclasure, in e�the� �ase in <br /> accardance with and�o�he�'ulf ex�ent proW�d�d by appf��able �aw. <br /> Successor Trus#ee. Lender, at Lender's opt�on, may f�om time�a�im�appoint a successor Trustee�o any Trustee <br /> appointed under this Deed af Trust by an instrument execu#ed and acknowledged by Lender and recorded �n the <br /> affice a�the recorder vf HALL Gvunty, State of Nebraska. The �ns��umen� shafl contain, in addition �o a11 ather <br /> matters required by state law, the names �f the o�ig�nal Lender, Trustee, and Trus�or, �he baok and page �or <br /> �omputer sys�em reference} vuhere this ❑eed o� Trust is recorded, and the name and address of�he successor <br /> trustee, and the instrument shal[be executed and a�knowEedged by all�he beneficiaries unde�this Deed of Trust or <br /> �heir successors in interest. The su�cessor tr�uste�, without��n�eyanc� of#he Property, shafl succeed to all the <br /> fit�e, pawer, and duties conferred upon the Trustee in this ❑eed o�Trust and by app�i�able law. This pracedure for <br /> substitufion af Trustee sha�l govern ta the exclusian of aff other pravisions for substitution. <br /> NQTlCES. Any n�tice required ta be gi�en unde�fh�s Deed ofi Trus�, including w�thout lim�ta��on any notice of defaul� <br /> and any notice af sale shall be gi�en in writing, and sha�l he e�Fe��ive when ac�ualfy delivered, vuhen a�tua�ly rece�ved <br /> by te[efacsimile�unless o�henrvise required by law},when deposi�ed with a nationa�ly recogn�zed overnight courier, or, �� <br /> mailed, when deposi�ed in the United S#a�es ma�l, as frst cfass, �ertified or registered maii pastage prepaid, direc�ed ta <br /> �he add�esses shvwn near the b�ginning o��his Deed a�Trust. All Capies of notices of foreclosure from the hofder of <br /> any lien which has priari�y over this Deed of Trust shall b� sent to Lender's addr�ss, as shown near the beginning o� <br /> this Deed of Trus�. Any person may change his or her address for nati�es under this Deed of T�ust by giving formal <br /> written notice to �he o#her persan or persons, spec�fying #hat the purpas� of the notice is to change the person's <br /> address. Fo�natice purpas�s, Trustor�agrees to keep Lend�r infarmed a�al!times a�Trustor's cur�en�addre�s. Unless <br /> atherw�se provided ar required by law, if there is mor�fhan �ne Trust�r, any natice given by L�nder fio any Trustor is . <br /> deemed tv be no��ce given to a�l Trus�ars. It wi�1 be Trustor's resp�nsibi�ity ta tel�the o�hers ofi the n�tice from Lender. <br /> M[SCELLANEQUS PRUVtSI�NS. The following miscellaneous provisions are a par�of�his Deed o�T�ust: <br />