|
2� 17�� 144
<br /> DEED DF TRUST
<br /> [��nt�nued} Page 7
<br /> reserved to Trus�ee or Lend�r, is intended t� be exciusi�e o�any other remedy [n #his Deed o#'Trus� or by law
<br /> pravided or permitted, but ea�h shall b� cumu�atiWe and sha�f be in addition to e�ery other remedy gi�en fn this
<br /> Deed of Trust or now or hereafter existing a� faw or in equity or by s�atu�e. Every power or�emedy gi�en by the
<br /> Credi� Agreement or any of the Related Documents to Trustee vr Lende� or to which e�ther of them may be
<br /> atherwise entitled, may be exercised, concurrentfy or independen��y, from �ime to time and as often as may be
<br /> deemed expedient by T�ust�e or Lender, and e�ther of them may pursue incansistent remed�es, Noth�ng in this
<br /> Deed o�'Trust sha�l be construed as prohibiting Lender�From seeking a deficiency�udgment against the T�ustor�o
<br /> the extent such action is pe�mit�ed by faw.
<br /> Et�ctian of Remed'res, All of Lender's r�ghts and remedies will be cumulati�e and may be exercised alone or
<br /> toge�her, If Lender decid�s to spend money or�o perform any of Trustor's o��igations under this Deed o�Trust,
<br /> after Trus�or's faifu�e ta do so, fha� decision by Lender wil� not affect Lender's right ta declare Trus�or in defaul�
<br /> and to exercise Lender's remedies.
<br /> Reques#�or Natice. Trus�or, an beha�f nf Trustor and Lender, hereby requests�hat a copy of any N�t�ce vf❑efault
<br /> and a copy of any Notice o�F 5a1e under this ❑eed of T�-us� be mai�ed to them a#the addresses se��orth �n the first
<br /> paragraph of this Deed of Trust.
<br /> A�torneys' Fees; Expenses. If Lender institutes any sui� or actian tv enforce any of the terms of �his Deed of
<br /> Trust, Lend�r shal� be en�itled to reco�er such sum as�he cou�t may adjudge reasonahle as attorneys' �ees at tria[
<br /> and upon any appeaf. Whe�her ar not any court ac�ion is in�olved, and to the extent no� prohibi�ed by law, all
<br /> reasonable expenses Lende� incurs tha� in Lender's opinion are necessary at any time for the pro�ection o� its
<br /> interest or the enforcemen�of its rights shal! become a part of the Indeb�edness payable on demand and shafl bear
<br /> interest at the Credit Agreement rate from the date o�the expenditure unti[ repaid. Expenses coWered by this
<br /> paragraph in�lude, withaut �imi�ation, howe�er subject to any lim��s under applicab�e law, Lender's att�rneys' fees
<br /> and Lender's legal expenses, whether ar not there �s a lawsui�, inc[uding at�orneys' fees and exp�nses fior
<br /> bankr�uptcy proceedings (including efforts to modify or�aca�e any automatic stay ar injunction}, appeals, and any
<br /> an�icipated p�st�udgment �ol�ection ser�ices, the cost of searching records, obtaining title reports �including
<br /> #oreclosu�e reports}, surveyors' reports, and appraisa�fees, �it1e insurance, and �ees for the Trustee, ta the exten�
<br /> permitted by app[icab[e law. Trus�or a�sv wil[ pay any court costs, in addi�ian to all other sums pro�ided by law.
<br /> Righ�s o�Trustee. Trus�ee shaEl have al1 0#�he rights and du�ies of Lender as se�farth in this sec�ion.
<br /> PQWERS AND aBL��ATIqNS QF TRUSTEE. The fof�owing pro�isions refating to the powers and obliga�ions of Trustee
<br /> are part of�his Deed of Trus�:
<br /> Pawers a'�Trustee. In addi��on ta all powers of Trustee arisin� as a matt�r o�law, Trustee sha�� have th� power tv
<br /> �ake �he foffow�ng actions with respect to the Property upon the w�it�en request o�Lender and Trus�ar: �a}ja�n in
<br /> prepar�ng and filing a map ar p�a� of the Real Property, including �he dedication o�'s�reets or other righ�s to the
<br /> public; �b} jain in granting any easemen� or creating any res�rict�on on the Reaf Property; and {c} join in any
<br /> subordination o�vther agreemen�affecting this D�ed a�Trus�or the int�rest of Lender under this Deed of Trust.
<br /> Trustee. Trus�ee shall meet all qualif�ca�ions �equir�d far Trust�e under applicable law. In addi�ion �o the rEgh�s
<br /> and remedies set forth abo�e, w�th respec�t❑ afl ar any par� of the Property, �he Trus�ee shalf have the righ� ta
<br /> foreclose by notice and sals, and Lend�r will have the right #o fo�eclose by judicia� forec�osur�, in either �ase in
<br /> accordance with and ta the�u�1 extent pro�ided by appficable law.
<br /> Successor Trustee. Lender, at Lender's ap�ion, may�rom time to time appaint a successor Trustee�a any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknow[edged by Lender and recarded in the
<br /> offi�e of the recorder of HALL �ounty, 5tate �f Nebraska. The ins�rument shall contain, in addition to af� o�her
<br /> matters requ�red by state law, �he names vf the o�iginal Lender, Trus�ee, and Trustvr, �he book and page �or
<br /> computer sys�em re�erence} where �his Deed of Trust is recorded, and the name and address of the successor
<br /> trustee, and the instrum�nt shaEl be executed and acknowledged by al[the beneficia�ies under this Deed of Trust or
<br /> their successors in interest. The successo�#rustee, without con�eyance of the Property, shall succeed to al! the
<br /> title, p�wer, and dut�es conferred upon the Trus�ee in �his Deed o�'Trust and by appficable law. This p�ocedure for
<br /> subst�tution of Trustee shafl govern to�he excfusion of alI other pro��sions for subs�itu�ian.
<br /> N�TiCES. Any no�ice required to be gi�en under this aeed a�'Trust, �ncluding without limitation any notice o�default
<br /> and any no�ice of sale shall be gi�en in writing, and sha1C be effec�i�e when actually del��ered, vvhen actuafly recei�ed �
<br /> by tel��acsimile �un�ess otherwise required by �aw), vuhen deposited with a nationally recognized o�ernigh�cour�er, or, �f ,
<br /> ma�led, when deposi�ed in the United Sta�es mail, as fi�sf class, ce�t�fied or regis�ered mail postage prepaid, direc�ed�o
<br /> the addresses shown n�ar the beginning vf�his Deed of Trust. All copies v�'notices of farecfosure from the hofder of
<br /> any lien which has prior�ty o�er this Deed af Trust shall be sent to Lender's address, as shown near the beginning o�
<br /> thl5 Deed of Trus�. Any person may change his or her address for notices under th�s Deed ❑f Trust by gi��ng forma!
<br /> written notice to the o�her persan or persons, specifying that th� purpose o� the nat�ce is to change the person's
<br /> address. For notice purposes, Trustor agre�s to keep Lender informed at al!times o�Trustor's current address. �nless
<br /> o�herwise prv�ided or required by law, if�here is mare than one Trustor, any notice gi�en by Lender to any Trustor is
<br /> deemed to be natic�gi�en to all Trus�ors. lt wi�l be Trus�ar's responsibility to tel!#he others v�F the notice from Lender.
<br /> 1VIISCELLANE��S PR(]VlSI�NS. The�ollowing miscellaneous pra�isions are a pa�#o��h�s Deed of Trust:
<br /> Amendm�nts. Wha� is written �n this D�ed of Trus� and in the Rela�ed ❑ocuments is T�us�o�'s en�ire agreement
<br />
|