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DEED OF TRUST <br />(Continued) Page 6 <br />secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee end Lender, and each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers <br />under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or <br />any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by <br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, <br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court <br />action or pursuant to the power•ot sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right Lo **Ilse upon or enforce any other security now or hereafter held by <br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, Shall be entided to enforce this Deed <br />Of Trutt sad any other security now or hereafter held by Lender or Trustee in such Order and manner es they or <br />either of them may in their abadute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exChodve of any other remedy in this Deed of Trust or by law provided or permitted, but <br />each shall be cumulative and shag be in addition to every other remedy given in this Deed of Trust or now or <br />hereafter existing at law or inequity or by statute. Every power or tweedy given by the Note or any of the Related <br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, <br />concurrently or indepentantly, from tma to OMa and as often as may ba deemed expedient by Trustee or Lender, <br />and either of them may pursue utconsiatent remedies` Nothing in this Deed of Trust shall be construed as <br />prohibiting tender from seeking a deficiency iteigment against the Truster to the extent such action is permitted by <br />taw. Election by Lender to ;tune* any remedy shell not exclude pursuit of eny other remedy, and an election to <br />make exponents* or to take action to perform an obligation of Truster under this Deed of Trust, after Trustor's <br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any. Notice of Default <br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth In the first <br />paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of <br />Trust Lender shat be sntitied 10 recover such sum as the court may adjudge reasonebte as attorneys' fees n iriel <br />and upon any appeal. Whether or not any court ectton is involved, and to the extent not prohibited by law, all <br />reasonable expend Lender inure Chet in Lender's opinion are necessary at any time for that Protection of its <br />Interest or the enforcement of its rights shall become 'e part of this indebtedness payable on demand and shall bear <br />interest at, the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, <br />without limitation, however subject to any erne* under applicable law, Lender's attorneys' fees and Lender's tea* <br />expenses, whether or not there is a lawsuit, inctuding attorneys' fees and expenses for bankruptcy proceednng$ <br />tkncludkig efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postjudgmem . <br />collection services, the cost of searching records, obtaining title reports tincluding foreclosure *portal, surveyors' <br />reports, and appraisal fees; title insurance, and teas tor the Trustee, to the extent permitted by applicable law. <br />Truster also will pay any coat coats, In addition to all other sums provided by have. <br />Rights of Trustee. Trustee shag have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a Metter of few, Trustee shall have the power to <br />take the followin* actions with respect to this Property upon the written request of Lender and Truster; tat join in <br />preparing end filing a map or plat of the Real Property, including the dedication of streets or other rights to the <br />public ib) join in granting any easement or creating any restriction on the Real Property' and IN join In any <br />subarcenation or other agreement affecting this. Deed of Trust or the interest of Lender under this Deed of Trust. <br />Trustee. Trustee shalt meet all qualifications required for Trustee under applicable law. In addition to the rights <br />and remedies set forth above, with respect to all or any part of the Property. the Trustee shall have the right to <br />foreclose by notice and sale, and Lender shell have the right to foreclose by judicial foreclosure, in either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee <br />appointed under this Deed of Trust by an instrument executed end acknowledged by Lender and recorded In the <br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in afdidon to all other <br />matters required by state law, the names of the Original Lender, Trustee, and Truster, the book and page for <br />computer system reference) where this Deed of Trust is recorded, and the nema and address of the succesanr <br />trustee, and the instrument shell be executed and acknowledged by all the beneficiaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the <br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govern to the exclusion of all ether provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default <br />and any notice of sale shell be given in writing, and shall be affective when actually delivered, when actually received <br />by **female* {urdessottrerwise required bylaw), when deposited with a nationally recognized overnight courier, or, if <br />mailed, when deposited in the United Sliest mail. as first class, certified or registered mail postage prepaid, direeted to <br />the addresses shown near the beginning of tiffs Deed of Trust. All copies of notices of tamales** from the holler of <br />any lien which NO priority over this Deed of Trust shall be sent to Lender's address, as shown new the beginning of <br />this Deed of Trust. Any party may change its addrasa for notices under this Deed of Trust by giving formai written <br />notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice <br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided <br />or required by law, if there Is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice <br />given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pant of this Dead of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and <br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this <br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or <br />bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Truster's residence, Truster shall furnish to <br />Lender, upon request, a certified statement of net operating Income received from the Property during Trustor's <br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all sash <br />receipts from the Property less all cash expenditures made In connection with the operation of the Property. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be <br />used to interpret or define the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or <br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent <br />201701794 <br />