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2� 17�2327 DEED �F TRUST L�an Nv: 'I�13D38�� ontln ued} Page 8 Trust, inC�ud�ng cosis a��id�n�e of title in connection with sale, Trustee shall app�y the proceeds ❑f sale t❑ payment of {i} a!I sums expended under the terms �f this Deed of Trust or under the terms of the Note not then repa�d, inciuding but not limited to accrued interest and fate charg�s, �iiy a�l other sums then secured hereby, and �iii} th� remainder, if any, t❑ the persan ❑r persons legally en�itied thereto. {Gy Trustee may in the manner pro�ided �y law postpon� sale af all or any p�rtion af the Praperty. Remedies No� Ex�lusi�e. Trus�ee and Lender, and each of them, shall be entitled t❑ enfarce payment and performance ❑f any indebtedness ar obiigations secured by this Deed of Trust and to ex�rCise all rights and powers under this Deed of Trust, under the Note, und�r any of the Related Documents, or under any other agreement or any laws naw or hereafter in force; notwi�hstanding, same or all af such indebtedness and ❑bligations secured by this Deed �f Trust may now ar hereafter be ❑therwise secured, whether by martgage, deed of trust, pledge, fien, assignment nr otherwise. Neither the acceptance af th�s fleed ❑f Trust nor its enfarcement, wh�ther �y �our� ac#ion ar pursuant to the pawer �f sale ❑r ather powers �antained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agree�i that Trustee and Lender, and each flf them, sha41 be entitsed to enforce this Dee�i �f Trust and any ather security now or hereafter held by Lender or Trustee in such �rder and manner as they or either of them may in their absolute discretion determine. No remedy conterred upon ar res�r�ed to Trustee or Lender, is intended to �e exc�usi�e of any other remedy in this Deed ❑f Trust or by �aw pro�ided or permitted, but each shall be �umuiati�e and shal! be in addition t❑ e��ry other remedy gi�en in this �eed �f Trust or naw ❑�- hereafter existing at !aw or in equity or by statute. E�ery pawer or remedy gi�en by the Note ❑r any ❑f th� Related Do�uments t� Trustee ❑r Lender ar to which �ither of them may be atherwise entitled, may be exercised, cancurr�ntly or independently, fram time to time and as aften as may be deemed exp�dient by Trustee ar Lender, and �ither v� them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as p�ohibiting Lend�r from seeking a deficiency judgment against the Trustar ta the ext�nt such action is permitted by law. Ele�tion by Lender �o pursue any remedy shall not excfude pursuit of any ather remedy, and an election to make expenditures or t❑ take a�tian to perform an obiigation of Trustor under this ❑eed ❑f Trust, after Trustor's fai�ure ta perfflrm, shali not affect Lender's right t❑ de��are a d�fault and exercise its remedies. Request for Noti�e. Trustor, ❑n beha�f af Trust�r and Lender, hereby requests that a copy vf any Nati�e of Defaul� and a copy af any Natice of Sale under this Deed of Trust be mailed �� them at the addresses set �orth in the first parag�aph af this ❑eed af Trust, Attarneys' Fees; Expenses. If Lender institutes any suit or action t❑ enfarce any a� the terms of this ❑eed of Trust, Lender shal! �e entitled t❑ reco�et� such sum as the caurt may adjudge reasona�le as at�orneys' fees at triaf and upan any appea�. Whether or nvt any Gourt activn is in�oi�ed, and t❑ the extent not prahibited by law, all r�asonable expenses Lender incurs that in L�nder's opininn are necessary at any time f�r the proteCt�an of its interest or the en�orcement af its rights shal! h�c�me a part �f�he lndebtedness pa�a�le on demand and shall bear interest at the Na�� rate fram the date ❑f the expenditure until repaid. Expenses co�er�d by this paragraph include, without limi�ation, however sub�ect tv any limits Under applicable Iaw, L�nder's att�rneys' fees and Ler�d��'s legal expenses, whether or nvt there is a �awsuit, in�luding attorneys' fees and expenses #or bankruptcy proce�dings tincluding effarts t❑ modify ❑r�acate any automatic stay ❑r injunction�, appeais, and any anticipated post-judgment collection ser�ices, th� cost of s�a�ching records, abtaining title reports �including foreclasure reportsy, sur�eyors' reports, and appraisa� f��s, title insurance, and fees f�� the Trust�e, to the extent permitt�d by app�icable law. Trustor also will pay any court costs, in additfon to all ❑ther sums prv�id�d by law. Righ#s of Trustee. Trustee shall have all af the rights and duties ❑f Lender as set forth in this sectian. P�3VIIERS AND �BLIGATI�NS DF TRUSTEE. The following pro�isi�ns t�e}ating to the powers and ob}Egations of Trustee are part of this ❑eed of Trust: Pawers of Trustee. In addition ta ali powers of Trustee arising as a matter flf iaw, Trustee shall ha�e the power t❑ take the fallowing act�ons with respect to the Property up�n the written request o� Lender and Trustor: �a� join in preparing and filing a map or plat ❑f the R�al Praperty, incfuding the dedication of streets or other rights to the puhlic; �b� join in granting any easement ❑r creating any restricti�n on the Real Property; and �c7 join in any subardinativn ar o�her agreement aftecting this ❑�ed of Trust ar the interest of Lender under this Deed ❑f Trust. Trustee. Trustee shal� meet a�l qualificat�ans re�uired far Trustee under appli�able law. In addition to the r�ghts and remedies set forth abo�e, with respect to all or any part of the Property, th� Trustee shail ha�e th� right to foreclose by nati�e and sale, and Lender shall ha�e the right to forecl�se by jud+cial �oreclosure, in either case in accvrdan�� with and t❑ the fuli extent prQ�ided by applicable law. 5uccessor Trustee. Lender, at Lender's option, may from time t❑ time appoint a success�r Trustee t❑ any Trustee appointed under th�s Deed of Trust hy an instrument executed and acknawledged by Lend�r and recorded in �he office of th� re�arder of HALL County, State af Nebraska. The instrument shall contain, in additian t❑ all ather matters required by state law, the names of the ❑riginal Lender, Trustee, and Trustor, the boak and page �or computer system reference� where this �eed of Trust is recorded, and the name and address o� the successor trustee, and the instrument shall be executed and acknowl�dged by afl the beneficiaries under this Deed of Trust or their suc�essors in interest. The successor trustee, wifhaut can�eyance of the Proper�y, shalF succeed to a!! the tit(e, power, and duties conferred upon the Trustee in this Deed ❑f Trust and by applicable law. This procedure for subs�i�ution❑f Trustee shall go�ern ta the ex��usian �f afl other pr��isians for suhstitution.