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2� 17���45 <br /> DEED �F TRUST <br /> Lvan NoK '1 D'13UQ��� �Cont�nued� Page S <br /> manner af#ec� Trustee's vr L�nder's right t� reaiize upon or en��rce any �#her security now or hereaf�er he�d by <br /> Trus�ee or L�nder, i�being agreed that Trust�e and Lender, and each ❑f them, shall be en�i�led to en�arce this Deed <br /> o� Trust and any flther securi�y now or hereafter held by Lender ❑r Trus�ee in such arder and manner as they or <br /> eEther o� them may in �heir absalute dis�re�ivn de�ermine. N� remedy conferred upan or reser�ed to Trustee vr <br /> Lender, is in�ended to be ex�lusiWe o� any a�kher remedy in �his ❑eed of Trust or by law proWid�d ❑r permitted, but <br /> each shall be cumuiati�e and shall be in additian �o eWery other rem�dy g��en �n this []eed ❑� Trus� ❑r naw t�r <br /> hereafter�xis�ing a�law ❑r in equity or by statute. EWery pavu�r or remedy g��en by the Nvfie or any of the Related <br /> ❑acumen�s �o Trustee or Lender ❑r to which ei�her o� them may be o�herwise enti�led, may be exer�ised, <br /> c�ncurrentiy or independen�iy, �rom time to time and as often as may be deemed expedient by Trustee or Lender, <br /> and either ❑� them may pursue inconsis�ent remedies. No�hing in this Deed D� TC115� shaEl be construed as <br /> prohibiting Lendsr from seeking a deficiency judgment.against the Trus�or tv the extent such activn is permitted by <br /> �aw. Election by Lender to pursue any rem�dy shall not exclude pursu�t af any other remedy, and an elec�ivn to <br /> make expenditures or �a �ake ac�ion to per�arm an obiigatian of Trustor under this Deed ❑f Trust, after Trustor's <br /> �ailure�a per�arm, shail nofi affec�Lender's right to declare a default and exerc�se its remedies. <br /> Reques#for Notice. Trustar, on behalf o#Trustor and Lend�r, hereby reques�s that a copy of any N�tic� of De�faul� <br /> and a copy af any No�ice of Sale under this ❑eed ❑f Trust be mailed to them at the addresses set fivr�h in the �irs� <br /> paragraph v�this ❑eed ❑f Trus�. <br /> Atk�rneys' Fees; Expenses. I� Lender �nsti�utes any suit ❑r acti�n t❑ enfarce any a� the terms of �his ❑eed af <br /> T�ust, Lender shall f�e entitled to reco�er such sum as the cour� may adjudge reasnnabEe as a�torneys' fees a�trial <br /> and upon any appeal. Wh�ther ar no# any caur� act�vn is in�flE�ed, and ta the exten� nat prohibi�ed by law, all <br /> �easonable expenses Lender incurs that in L�nd�r's ❑pinian are necessary at any time �or the pratection ❑f its <br /> in�eres�or the en�orcement of i#s rights shall bec�me a part fl�the Indebtedness payab�e ❑n demand and shall bear <br /> interesfi at the Note ra�e from�he date of the expenditure until r�paid. Expenses co�ered by#his paragraph include, <br /> without limi�a�ion, hawe�er subject t❑ any I�m�ts unde� applicable law, Lender's a��orneys' �ees and Lend�r's legal <br /> expenses, whether or not there is a lawsuit, including atto�-neys' �ees and expenses for bankruptcy proceedings <br /> �including e��nrts t❑ modify ❑r�acate any automati�stay or�njunctian�, appeals, and any an#icipated post-�udgment <br /> colle�tivn ser�ic�s, �h� cos# of searching recards, obtaining title reports �includin� fvreclnsure reportsy, sur�eyors' <br /> reparts, and appraisal fiees, tit[e insurance, and �ees for #he Trustee, to the �xtent permit�ed by app[icable faw. <br /> Trustor als❑ will pay any court cos�s, in additivn to a[�other sums pro�ided by law. <br /> Righ�s o#Trus�ee. Trustee sha�� ha�e aiE fl�the rights and duties of Lend�r as set f�rth in�his section. <br /> P�VIIERS AND �BLIGATI�NS �F TRUSTEE. The following pro�isions relating t❑ the pawers and �b[Ega�ians of Trustee <br /> are part❑fi this Deed of Trust: <br /> Pawers of Trust�e. �n addi�ion to all pvwers ofi Trustee arising as a matter of law, Trustee shaEE have�he power�a <br /> �ake the fi�llowing a�fiions w�th r�spect�a the Property upan the written reques�of Lend�r and Trustor: �ay jvin in <br /> preparing and �iiing a map or plat �f the Real Praperty, including the dedicatian of stree�s ❑r ❑�her righ�s �o �he <br /> public; tby join �n granting any easement vr creating any res�ric�ion �n the Real Property; and �c� �oin in any <br /> subordinati�n t�r vther agreement af#ec�ing this [7eed o#Trust or the interest o�Lender under fihis ❑eed of Trust. <br /> Trustee. Trustee sha�� meet all qualitications requi�ed far Trus�ee under applicable law. In addition to the rights <br /> and remedies set �flrth aba�e, with respec� to a�! ar any part vfi the Property, the Trustee shall ha�e the rtght to <br /> �areciose by nvtice and sa1e, and Lender shai� ha�� �he right ta foreclose by jud'rcial torec[osure, in either case in <br /> accordance wifih and to the full ex�en�proWided by appli�able law. <br /> 5u�cessor Trustee. Lender, at Lender's option, may�rom time to time appoint a successor TrUstee�t❑ any Trustee <br /> appo�nted under this ❑�ed af Trust by an instrument execu��d and acknowledged by Lender and recorded in the <br /> o#�ice of �he re�order vf HALL Coun�y, S�ate ❑� N�braska. The instrument sha�1 contain, �n additEon t❑ all other <br /> mat�ers required hy sfiate taw, the names �f �he original Lender, Trustee, and Trus�or, the book and page �or <br /> computer system re�Ference� vuhere �his ❑eed of Trus� is recorded, and the name and address ❑�F the su��essar <br /> trustee, and�the ins#rument shall be execu�ed and acknowledged by a1�th� bene�iciaries under�his Deed of Trust ar <br /> their successors in interest. The successor �rus�ee, without canveyanc� vf the Praperty, shall succeed ta all the <br /> titie, pvwer, and duti�s cvnferred upan�he Trustee in�his De�d ofi T�ust and by applicable law. This pracedure�or <br /> substitutivn of Trustee shall govern�o�he exclusion o�all afiher prfl�isi�ns far su�stitutian. <br /> N�TICES. Any no�ice requi�ed t� be gi�en under th�s ❑eed ❑f Trust, inciuding with�u�t limitation any natice of de�aul� <br /> and any nati�e of sale shall b� gi�en in writing, and shatf 1oe �ffe�ti�e vvhen ac�uai�y defi�ered, when ac�ually received <br /> lay�elefacsimife tunless atherwise required by law}, when deposi�ed with a na�iona�iy recvgni�ed overnigh�courier, or, it <br /> mailed, when deposit�d in the Llni�ed States mail, as first class, certified or regisfiered mail postage prepaid, directed to <br /> the addr�sses sh�wn near the beginning of�his ❑eed af T�ust. AE� copies ❑f notices ❑� fore�Eosure �ram the holder ❑f <br /> any i�en which has priarity ❑�er �his Deed ❑f Trust shall be sent to Lender's address, as shown near the beginning ❑f <br /> this ❑eed af Trus�. Any party may change its address for na�ices under �his ❑eed of Trust by giWing formal written <br /> no�ice �o �he o�her parties, specifying tha� the purpose of �he notice is tn change the party's address. For notice <br /> purposes, Trustor agrees to keep Lender informed at all �imes of Trustor's current address. Unless otherwise pro�ided <br /> or required by law, if there is more than ❑ne Trus�or, any natice gi�en by Lender t❑ any Trustor is deemed t❑ be natic� <br /> g��en t❑ a��Trus�ars. <br /> MfSCELLANEUUS PR�V1SlDNS. The fiallowing miscellaneous provisions are a par�❑f�his ❑eed of Trust: <br />