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2� 17� 14�4 vEEa oF T�us-r Loan No: '1�7 3�2�7� �Contlnued� Page 8 Trust, including costs vf��idence af t+tle in cann�ct�on with sale, Trustee shall apply the prac�eds ❑f sale �a payment of �i� all sums expended under the terms of this Deed a�Trust or und�r the terms of the Nate not then repaid, including but nvt ��mited ta accrued interest and late charges, �iiy all ather sums then se�ur�d here�y, and �iii} the remainder, i#any, ta th� person or persans legal�y entitled thereto. �c� Trustee may in the manner pro�ided by law postpone sa�e of ail or any pvrtion of the Property. Remedies Not Exclusi�e. Trustee and Lender, �nd each af them, shall �e entitled ta enfarce payment and perfarmanee vf any indebtedness or obiigativns secur�d by this Deed af Trust and tc� exercis� all rights and powers und�r this Deed vf Trust, under the Note, under any of the Related Do�uments, ar under any other agreem�nt or any laws n�w ar hereafter in fvrce; notwiths�anding, some ar al! of such indehtedness and ohligations secured by this Deed vf Trust may nvw ar hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, �ien, assignment ❑r ❑therwise. Neither the ac��ptance of #his Deed Qf Trust nor its enfvrcement, whether �y court action or pu�suant t❑ the pawer vf sale ❑r other powers contained in this Deed ❑f Trust, shall prejudice ar in any manner affect Trusteer5 or Lender's right ta realize upon or enrtar�e any �ther security now ar hereafter held by Trustee or Lender, it being agreed that Trustee and L�nder, and each vf them, shall be entitled t❑ enforce this Deed af Trust and any ❑ther security now ❑r hereafter held hy Lender or Trustee in such order and manner as they vr either �f them may in their absolute discretion determine. NQ remedy �anferred upan or res�r�ed t❑ Trustee or L�nder, is intend�d t❑ be exclusi�� af any �ther remedy in this Deed of Trust or by law pr��ided or permitted, but eaCh shall be cumulati�e and shall be in additian to e�ery ath�r remedy gi�en in th{s ❑eed �f Trust �r n�w or hereafter exist�ng at faw or in equity or fay statute. ��ery power ❑r remedy gi�en by the Note nr any of the Re�ated ❑a�uments �o Trustee or Lender or to whi�h either of them may �e ❑therwise entitled, may be exercised, concurrently or independently, frvm time t� time and as often as may be deemed expedient by Trustee ar Lender, and either of �hem may pursue inconsistent remedies. Nothing in this Deed ❑f Trust shall b� construed as prohibiting Lender from se�king a deficien�y judgment against the Trustar to the ext�nt such actian is perm+tted by law. Electic�n �y Lender #❑ pursue any remedy shall not exclude pursuit a� any ather remedy, and an el�ction to make expenditures or t❑ �ake actifln to perfvrm an obligativn of Trustor under this Deed of Trust, after Trustor's failur� to perform, shall not affect Lender's right t❑ declare a default and exercise i�s remedies. Request fvr Natice. Trustor, ❑n hehalf❑f Trustvr and Lender, hereby requests that a copy �f any Notice af Default and a copy of any Nvtice of 5ale under this ❑eed ❑f Trust b� mailed tn them at the addresses set forth in the first paragraph af this ❑eed af Trust. Attorneys' Fees; Expenses. If Lender institutes any suit or aGtion �� enforc� any of the terms of this Deed of Trust, Lend�r sha�f be entit�ed to re�o�er such sum as the cv�rt may adjudge reas�nable as attarneys' fees at t�ial and upon any appeal. Whether or not any court acti�n fs in��l�ed, and t❑ the ext�nt not prohibited by law, all reasonable expenses Lend�r incurs that in Lender's op�ni�n are necessary at any time for th� prv�ection of tts �nterest ❑r the enfarcement of its rights shall become a part of the Indebtedness payable on demand and sha[I bear interest at the Note rate from the date of the expenditure until repaid, Expenses co�ered by this paragraph inc�ude, without timitatton, hawe�er subject to any limits under applicalole law, Lender's attorneys' fees and L�nder's legal expenses, whether vr nat there is a �awsuit, including attorneys' fees and expenses tvr bankruptcy proceedings �including eff�rts to modify or �acate any automatic s#ay nr injunct�ony, appeals, and any anticipated pvst-}udgment collection ser�iGes, the cast vf searching records, obtaining titl� reports ��n�luding foreclosure r�ports�, sur��yors' reports, and appraisal f��s, title insurance, and fees for the Trustee, tv the extent permitted by app�iGable law. Trustar a�so wiil pay any caurt cvsts, in additivn ta all other sums pro�ided by iaw. R�ghts ❑f Trustee. Trustee shall ha�e ai� ❑f the rights and duties ❑t Lender as set forth in this section. P�WERS AND �BLIGATI�NS flF TRUSTEE. The following pro�isions relating ta the powers and vb�fgati�ns of Trustee are part❑f this De�d of Trust: Powers ❑f Trus#ee. In addition t� all p�wers of Trustee arising as a matter af�aw, Trustee shail ha�e the p�wer t❑ take the follvwing actions with respect to the Property upon the writt�n request of Lender and Trustvr: �ay j�+n in prepar�ng and filing a map vr plat ❑f the Real Property, including the dedicatian of streets �r other rights ta the public; tb� jain in grant+ng any easem�nt or cr�ating any restricti�n ❑n the Rea� Praperty; and �cy �oin in any subardination ar❑ther agreement affecting this Qeed at Trust or the interest of Lender under this Deed �f Trust. Trustee. Trustee sha�� meet all qualifications required for Trustee under appliGabfe law. In addition ta the rights and remedies set forth aha�e, with respect to at� ❑r any part of the Prvperty, the Trustee shall ha�e the right t❑ for�clase by natice and sale, and Lender shall ha�e the right to forec�ose by jud�cial forecl�sure, in either case in ac�ordance with and t❑the full extant pra�ided by applicable law. Successor Trustee. Lender, at Lender`s option, may �rom time t❑ tim� appoint a successar Trustee to any Truste� appvinted under this Deed of Trust hy an instrument executed and acknawledged by Lender and re�arded in the ofifiice o� the r�corder ofi HALL Cvunty, State afi Nebraska. The instrument shal� contain, in addition to a�i ❑ther matters required by state law, the names of the original Lender, Trustee, and Trustor, the hook and page �nr campu�er system re#erence� where this �eed �f Trust is recorded, and the name and address af the successor trustee, and th� instrument shall be ex�cuted and acknawledged by all th� benefi�iaries under this Deed ❑f Trust or their su�cessors in in�er�st. The su�cessar trustee, withaut con�eyan�e at the Property, sha�l suc�eed t❑ aEl th� title, pawer, and dutFes �onferred upon the Trustee in this Deed of Trust and by applicable law. This pracedure far substituti�n�f Trustee shall go�ern t❑ the exciusEon of all other pro�isians for su�stituti�n.