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2� 17�27�� <br /> DEED C]F TRUST <br /> Lvan No: 'I�'l 3�4'I 45 t�ontin ued� Page 8 <br /> either ❑f them may in their absolute dis�retion determine. Nv remedy conf�rred upan ar reser�ed t❑ Trustee ❑r <br /> Lender, is intended to �e ex�lusi�e of any vther remedy in this Deed �f Trust �r by iaw pra�Eded or permitted, but <br /> each shall �e cumu�ati�e and sha11 be in addition ta e�ery nther remedy gi�en in this Deed o� Trust or n�w or <br /> hereafter existing at law or in equity ❑r by statute. Every pawer ar remedy gi�en by the Note ❑r any of the Relat�d <br /> ❑ocum�nts tv Trustee ❑r Lender �r t❑ whiGh �ither ❑f them may be vth�r►rvise entitled, may be exer��sed, <br /> cvncurrently or independent�y, fr�m time to time and as often as may be deemed expedient by Trustee ar Lender, <br /> and either ❑� them may pursue inconsistent remedies. Nothing in this C3eed of Trust shafl be canstrued as <br /> prt�hibiting Lender frvm seeking a deficiency judgment against the Trustar to the ex�ent such a�tian is permitted by <br /> law. Ele�t;on by Lender to pursue any remedy shall not exc�ude pursuit v� any other remedy, and an electivn to <br /> make expenditures or to take action to per�orm an vbligation �f Trustar under th�s Deed of Trust, after Trustar's <br /> failure to perfarm, shall not affect Lender's right to declare a default and �xercise its remed�es. <br /> Reques#for Nvtice. Trustt�r, an behalf of Trustor and Lender, hereby requests that a copy of any Natice of Default <br /> and a capy of any Natice of Sale und�r this D�sd ❑f Trust he mail�d t❑ them at the addresses set forth in the first <br /> paragraph of this Deed of Trust. <br /> A#torneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this D�ed of <br /> Trust, Lender shall �� ent�tled t❑ re�o�er such sum as the Gaurt may adjudge reasanabie as attorneys' fe�s at triai <br /> and upvn any appea�. Whether vr not any caurt action is in�nl�ed, and to the extent nat prohihi�ed hy �aw, a�� <br /> reasonable expenses Lender incurs that in Lender's opinian are necessary at any time for the protection �f its <br /> �nterest or the enfor�ement at �ts rights shall became a part�f th� Indebt�dness payable on d�mand and sha�! bear <br /> interest at the Note rate from the date ❑f the ex�endi#ure until repaid. Expens�s �o�ered by this parag�aph inciude, <br /> withau# limitation, howe�er subject t� any limi�s under app�i�able law, Lender's attorn�ys' f�es and Lender's lega! <br /> expenses, whether vr nat there is a lawsuit, including attorneys' fees and �xpenses for bankruptcy proceedings <br /> �including eftorts t❑ m�d�ty or�acate any automa�ic s�ay�r injun�tivn�, appeafs, and any anticipat�d past-judgment <br /> collection ser�ices, the c�st of searching rec�rds, obtaining title reparts �in�luding f�reclosure reports�, sur�eyors' <br /> repvrts, and appraisa� fees, title insurance, and fees for the Trustee, to the extent pe�mitted hy applica�l� law. <br /> Trustor a[s� will pay any court costs, in addition t❑ all ather sums pro�ided �y law. <br /> Rights af Trustee. Trustee shall ha�e all ❑f th� rights and duties ❑f L�nder as set forth in this sectian. <br /> P�VIIERS AN� �BLiGATIQNS �F TRUSTEE. The fallowing pro�isians relating to the powers and obligations of Truste� <br /> are part vf this Deed ❑f Trust: <br /> Powers of Trus#ee. In addition t❑ ai� p�wers vf Truste� arising as a matt�r af law, Trustee shall ha�e the power to <br /> tak� the fvll�wing a�tians with respect �o the Proper�y upan the written request a� L�nder and Trustor: taf jain in <br /> preparing and filing a map o� plat vf the Real Property, including the d�d��ati�n ❑f streets �r other rights to the <br /> public; {b} join in grant�ng any easem�nt ar creating any res#ri�tion on the Rea! Prvperty; and �c� join in any <br /> subflrdinatian ar ather agreement affecting this Deed of Trust�r the interest❑f Lender under this Deed ❑f Trust. <br /> Trustse. Trustee shall meet al! qua�€ficatians required far Trustee under appli�able 1aw. In addition �� the rights <br /> and remedies set forth abo�e, with respect ta afl ar any part ❑� th� Praperty, �he Trustee shall ha�e the right to <br /> foreclvse by natice and sale, and L�ndsr shall ha�e the right ta fvrec�ase by judscial f�reciosure, in either case in <br /> a�Gvrdan�e with and t❑the full extent pra�ided by applicable faw. <br /> Successor Trustee. Lender, at Ler�der's �ption, may from time tn time app�int a succ�ssar Trustee tfl any Trustee <br /> appvinted under this Deed of Trust by an instrument executed and acknowl�dg�d by Lender and recorded in th� <br /> affice af the r�card�r of HALL County, State of N�braska. The instrument shall contain, in addition to all other <br /> mat�ers required by state law, the names of the vriginal Lender, Trust�e, and Trustor, the bvok and page �or <br /> computer system reference� where this aeed of Trust is recorded, and the name and address of the suc��ssvr <br /> trustee, and the instrument shall be executed and acknvwledged by all the ben�ficiaries under this ❑eed of Trust or <br /> their 5l1CCB5S0�S in interest. Th� su�cessor trustee, withvut con�eyance ❑f the Prvperty, shall succeed to all the <br /> title, power, and duties Gonferred upan the Trustee in this Deed of Trust and by applicable law. This procedure fvr <br /> substitutian of Trustee shall go�ern to the exclusian of all other pro�isions far substitution. <br /> NflTICES. Any notice required to b� gi��n under this �eed af Trust, including without �imitation any natice af defauit <br /> and any natice of saie shall be gi�en in wri�ing, and shall k�e effecti�e when actua�iy del��er�d, when actuaily rec�i�ed <br /> k�y telefacsimile �unless otherwis� requirsd by law�, when depvsited with a natianally re�ognized v�ernight courier, or, if <br /> mailed, when depvsited in the United S�ates mail, as first c�ass, �ertified or registered maii pastage prepaid, directed to <br /> the address�s shown n�ar the beginning vf this Deed af Trust. AI� copies of notices of farec�osure from the ho�der of <br /> any lien which has priority n��r this ❑eed of Trust shall be sent to Lender's address, as shawn near the beginning of <br /> this �eed vf Trust. Any party may change its address far notices under this Deed �f Trust �y gi�ing farmai written <br /> nvtice ta the ❑th�r parties, specifying that the purp�s� of the natic� is to ��ange the party's address. Fnr notice <br /> purpases, Trustor agrees to k�ep Lender in�armed at all times af Trustar's curr�nt address. lJnless ❑therwise pro�ided <br /> or required by �aw, if there �s mvre than one Trust�r, any notice gi�en by Lender to any Trustor is deemed to be natic� <br /> gi�en ta all Trustors. <br /> MISCELLANE�US PR�VISl�NS. The following mis�ellaneous pro�isions are a part vf th�s Deed af Trust: <br /> Amendments. This Deed af Trust, tag�ther with any Related Documents, cvnstitutes the entire und�rstanding and <br /> agreement of the part�es as to the matters set forth in this Deed of Trust. N� alteration of or amendmen# t❑ this <br /> Deed of Trust shall be effe�ti�e unless gi�en in writing and signed by the party �r parties sought t� be charged ❑r <br />