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. 2� 17� 1315 <br /> DEEa ��' TR�JST <br /> �C�3nt1 n u�d} Page 7 <br /> reserv�d to Trustee or Lender, is �ntended �tv be exclusi�e o� any ather remedy in this Deed of Trust or by law <br /> pro�id�d or pe�-mitted, bu� each shal� be cumulati�e and sha�l be in addition tv e�ery a�her remedy gi�en in this <br /> Deed of Trust or now or hereafter ex�st�ng at �aw or in equity or by statu�e. Eve�ry power or remedy gi�en by the <br /> Gred�fi Agr��ment or any of the Re�ated Dacuments tv Trustee or Lender or ta vuhich either af them may be <br /> o�herwise �ntitled, may be exercised, concurrently or independen��y, from time tv time and as aften as may be <br /> de�med expedient by Trustee or Lender, and either of th�m may pursue inconsisten� remedies. Nothing in #his <br /> ❑eed �f Trust sha�l be construed as prohibi�ing Lender from seeking a defici�ncy judgment against the Trustor to <br /> the ex�ent such action is permitted by law. <br /> E1ect�an af Reme�ies. AI� af Lender's righ�s and rernedies will be cumulati�e and may be exe��ised alone or <br /> together. If Lender de�ides to spend mon�y or to pe�form any o�Trus�ar's obligations under this Deed ofi Trus�, <br /> after Trus�or`s �ai�ure t� do sa, �hat decision by Lender w�li no�affe�t Lender's r��ht ta dec�are Trustor in defaul� <br /> and to exercise Lende�'s r�medies. <br /> R�quest for Noti�e. Trustor, on beha�f��Trustor and Lender, hereby reques�s that a capy af any Noti�e of Defauffi <br /> and a copy ofi any Not��e o�5ale under this Deed of Trust be mailed fia them a�the addresses s�t�or#h in �he first <br /> paragraph ofi this Deed o�f Trust. <br /> Attorneys' Fees; Exp�nses. lf Lender insti�utes any sui� or action �o enforce any ❑f the t�rms a� this Deed of <br /> Trus�, Lender shali be entit[ed to �ecoWer such sum as the c�urt may adjudge reasonable as attorneys'fees at tria[ <br /> and upon any appeal. Whether or not any cour� action is in�ol�ed, and �o �he extent no� prohibited by law, ali <br /> reasonable expenses Lender incurs that in L�nder's opin�on are necessary a� any ��me �or �he pro#e�tion of i�s <br /> interest or the enforcement of its r�ghts sha�l become a part a�the lndebtedness payable on demand an�shal� bear <br /> interest at the �redi� Agreement �ate from th� date of the expenditure until repaid. Expenses covered by this <br /> paragraph include, v+rithauf C�mitation, hawe�er subject to any limits under applicable law, Lender's attorneys'fees <br /> and Lender's legal expenses, whether or not there is a lawsui�, including attorneys' fees and expens�s for <br /> bankruptcy proceedings �including effarts to mod�fy or�acate any automatic stay or injunGtion}, appeals, and any <br /> anticipated post-judgment collection services, th� cos# o� searching records, ob�aining title reports �including <br /> forec�asure repor�s}, surveyors' repor�s, and appraisai fees, �itle insurance, and fees for the Trustee, �a the extent <br /> perm�tted by appli�able faw. Trus�or also wi�l pay any cour�c�s�s, in add��i�n to ali ather sums pro�ided by law. <br /> Rights of Trustee. Trustee sha�l ha�e all o�the rights and duties of Lender as set for�h in this section. <br /> POWERS AND �BLEGATl�NS �F TRUSTEE. The�al�owing pro�isions relating to#he powers and abl�gations o�Trustee <br /> are part o�this ❑eed of Trust: <br /> Powers v�'Trustee. Cn addit�on�o al� powers o�Trustee �rising as a matter of law, Trus�ee shall ha�e the power�o <br /> take fhe�ollowing actions with respe���o the Prope�ty upon the writ��n request o�Lender and Trustor: �a}jo�n �n , <br /> preparing and filing a map ar plat ��the Real Proper�y, �nGiuding the dedi�ation ofi streets o�- o�h�r righ�s to �he <br /> pub��c; �b} join in granting any ea�ement ar creating any restr�ction on the Real Prape�ty; and �c} �oin in any <br /> subordina�ion or other agreement affecting'this ❑eed of Trust or the interest o�Lender under this Deed af Trust. <br /> Trustee. Trustee shall meet all qua[i�ications required for Trus#ee under app�icable law. In addi�ior� tv the rights <br /> and remedies set�o�th abo�e, with �espect to a�l Qr any part of the Pr�perty, the Trustee shall ha�e the r�ght �o <br /> for�close by notice and sa�e, and L�nder will ha�e the right �o foreclose by judicial �oreclosure, in e�ther case in <br /> ac�ordance w�th and�o th�ful!extent pra�ided by appl��able law. <br /> Su�cessor Trus�ee. Lender, at Lend�r's apt�on, may fr�m time to time appoin�a successor Trustee to any Trustee <br /> appoin�ed under th�s ❑eed of Trus� by an instrument exeGut�d and acknowledged �y Lender and record�d in the <br /> v�fice o�the re�order of HALL Coun�y, State af Nebraska. The ins�rumen� sha�l contain, in addition to a�l ather <br /> matters required by state [aw, the names of the a�iginal Lender, Trustee, and Trustor, �he book and page [or <br /> computer system reference} where th�s ❑eed of Trust is recorded, and tne name and address v� the successor <br /> t�-ustee, and the ins�rument shall be executed and acknowledged by all�he beneficiaries under this Deed af T�ust or <br /> fheir successors in interest. The suc��ssor trusfee, wi�hout con�eyance o�the Properky, shail succeed ta al� the <br /> �itle, pawer, and duties conf�rred upon the Truste� in this ❑eed a�Trust and by applicable law. This procedure for <br /> subst�tution af Trustee shall go�ern tv the exclusion o�al�othe�-pro��sions for substi�ution. <br /> N�TIGES. Any notice requ�red to be gi�en under this ❑eed o�Trus�, inc�uding withaut limi�atian any notice of defaulf <br /> and any natice of sale shal� be gi�en in writing, and shall be effecti�e when actually deli�ered, when actually recei�ed <br /> by telefacs�mile�unless otherwise required by law},when deposited with a nationally recognized o�ern�ght courier, or, if <br /> mailed, when deposited in the United S#ates mai�, as��rsf class, �ertified or regis�ered mail pastage prepaid, dir�cted to <br /> the addresses shown near the beginning o��h�s Deed o�Trust. All copi�s of notices of foreclosure from the ho�der o� <br /> any I�en which has pr�or�ty o�er this aeed o�Trust shall be s�nt to Lender'� address, as shawn near the bsginning o� <br /> thEs Deed of Trust. Any person may change his or her add�ess �for notices under this Deed of Trust by gi�ing formal <br /> written natice tfl the other persan or persons, specifying that the purp�se of the notice is to change the persan's <br /> address. Fa�-notice purposes, Trustor agrees t� keep Lender�nformed at al�times of Trus�or's current address. Unless <br /> �therwise pro�ided o�required by faw, i�there is mare than one T�ustor, any notice gi�en by Lender to any Trustor is <br /> deemed to b�n�tice gi��n ta all Trus�ors. It wi�l be Trustor's r�sponsib�lity to tel[the others af the notice from L�nder. <br /> MISCELLANE�US PRQVISIONS. The��Ilowing miscelianeaus provisions are a pa�t of this C�eed of Trust: <br /> Amendm�nts. VVhat is writ�en in fh�s Deed ❑f Trust and in the R�lated Do�uments is Trustor's entire agreement <br />