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2� 17�2�93
<br /> DEED �F TRUST
<br /> Loan Nv: 'i�'13�383D t Contin ued� Page 8
<br /> either t�f them may in their absoiute discretian determine. No rem�dy ��nferred upvn ar reser�ed to Trustee �r
<br /> Lender, is intended to be exclusi�e af any othe� r�medy in this D�ed ❑f Trust ❑r by !aw pr��ided ❑r permitted, but
<br /> each shall be cumulati�e and shall be in addition to e�ery other remedy gi�en in this Deed of Trust �r now ❑r
<br /> hereafter existing at law ❑r in equity or by statute. E�ery pow�r❑r remedy gi�en by rhe Nate or any of tl�e Related
<br /> Do�uments t❑ Trust�e �r Lender or to whiGh either ❑f them may be �therwise entit�ed, may be exercised,
<br /> �on�urrently or independent�y, fr�m time t� time and as ❑ften as may be deemed expedient by T�ustee or Lender,
<br /> and either ❑f them may pursue inconsistent remedies. Nothing in this ❑eed v# Trust shalI be construed as
<br /> prohibiting Lender from seeking a deficiency judgment against the Trustor to the �xtent such acti�n is permitted by
<br /> law. Election by Lender t❑ pursue any remedy shall not exclude pursuit of any ather remedy, and an el��ti�n to
<br /> make expend+tures vr tfl take action to perform an obligation af Trus#�r under this Deed af Trust, after Trust�r's
<br /> failure tfl perform, shal� not affect Lender's right ta declare a de�ault and exercise its remedies.
<br /> Rgquest for Notice. Trustar, an h�half af Trustor and Lender, her�by requests that a c�py af any Notice of ❑e#ault
<br /> and a copy of any Notice of Sale under this Deed o#Trust be mailed t❑ them at the addresses set forth in th� first
<br /> paragraph at this Deed af Trust.
<br /> At#orneys' Fees; Expenses. If Lender inst�tutes any suit or actian to enfarce any ❑f the terms vf this ❑eed ❑f
<br /> Trust, Lender shali be entitled to reG��er such sum as the c�urt may adjudge reasonable as attarneys' fees at trial
<br /> and upon any appeal. Whether or not any c�urt action is �n�ol��d, and to the extent not prohibited by law, a��
<br /> reasonabfe expenses Lender incurs that in Lender's opinion are necessary at any time for the pratec�ion af its
<br /> interest or the enfarcement of its rights shall beGom� a �art af the Indebtedness payable on demand and shall hear
<br /> interest at the Note rate from the date of th� e�pend'€ture until repaid. Expenses co�ered by this paragraph include,
<br /> withvut limitatian, how��er subject to any limits under applicable iaw, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether vr not there is a lawsuit, including attorneys' fees and expenses �or bankruptcy proceedings
<br /> tincluding efforts to modify❑r�acate any autvmatic stay or injunctiony, app�ais, and any anticipatsd p�st-judgment
<br /> callection ser�ices, the cost ❑f searching recards, �btaining title reports �including foreclosure r�eportsy, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, ta the extent p�rmitted by applicable law.
<br /> T�ustor ais❑ wili pay any court Gosts, in additian to all other sums prn�id�d by law.
<br /> Rights ot Trustee. Trustee shall ha�e aIf ❑f the rights and duties of L�nder as set forth in this section.
<br /> P�WERS AND �6LIGATiDNS DF TRUSTEE. The fallowing pro�isivns relating to the powers and obligatians of Trust�e
<br /> are part❑f this D�ed ❑f Trust:
<br /> Powers of Trustee. in additian tv all powers o#Trustee arising as a matter ot law, Trustee shail ha�e th� power to
<br /> take �he fo��ow�ng actions with respect to the Property upon the written requ�st of Lender and Trustar: �af j�in in
<br /> preparing and filing a map ❑r plat vf the Real Prop�rty, including the dedication a# streets or other rights ta the
<br /> public; (b� jvin in granting any easement ar creating any restriction on the �eal Property; and �c7 jain in any
<br /> subordination or❑ther agreement affecting this Deed a�Trust or the interest❑f Lender under this De�d of Trust.
<br /> Trustee. Trustee shal! meet all qualificatians re�uired for Trustee under applicable law. In additi�n to the rights
<br /> and remedies set farth aba��, with respect to all ❑r any part vf the Proper�y, the Trustee shall ha�e the right to
<br /> fareciose by notice and sale, and Lender shall ha�e the right to foreclose by judiciai foreclosure, in either case in
<br /> accvrdance with and ta the full extent pro�ided by appliCab�e iaw.
<br /> 5uccessor Trustee. Lender, at Lender's optivn, may from time to time appoint a suc�essor Tru�tee to any Trustee
<br /> appointed under this D�ed �f Trust by an instrument executed and acknowledged by Lender and re�ard�d in the
<br /> offFce o� the recorder o� HALL Caunty, State ❑f Nebraska. The instrument shall cantain, in addition t� a�l ❑ther
<br /> matters required by state law, the names �f the original Lender, Trustee, and Trustor, the book and page {or
<br /> camputer system reference� wher� this ❑eed �f Trust is re�orded, and the name and address �t th� �u�cessar
<br /> �rustee, and the inst�ument shall be executed and acknowiedged hy all the beneticiaries under this ❑eed of Trusf ar
<br /> their successors in int�rest. The successor �ruste�, without con�eyan�e ❑f the Property, shalE succ�ed to al� the
<br /> title, pvwer, and duties conferred upon th� Trus�ee in this Deed of Trust and by applicable law. This pro�edure for
<br /> substi�utian of Trustee shall go�ern t❑the exclusion of all vther pro�isions fvr suhs�itution.
<br /> N�TICES. Any natice required to be gi�en under this Deed ❑f Trust, in�iuding withvut limitation any notice �af de�ault
<br /> and any notice of sale shall be gi��n in writing, and shalf be effecti�e when actually deli�ered, when actualfy recei�ed
<br /> by telefacsimile �unless o�herwise required by law}, when deposited with a nationally re�ogni�ed o�ernight courier, nr, if
<br /> mailed, when deposit�d in the lJnited 5tates mail, as first Glass, c�rt�fied vr �egistered mail postage prepaid, d�rected �a
<br /> th� addresses shown near the beginning of thEs Deed ❑f Trust, All capies of notices vf foreclvsure from the halder af
<br /> any l�en whiGh has pri�rity o�er this Deed ❑f Trust shall be sent to Ler�d�r's address, as shown near the beginning o#
<br /> this �eed of Trust. Any party may �hange its address far notices under this Deed of Trust by g��ing formai written
<br /> notic� tv the other parties, spe�ifying that the purpose of the na�ice is to change the party's address. Far natice
<br /> purposes, Trustar agrees to keep L�nder infiormed at all times vf Trustvr's current address, Unless otherwise prn�ided
<br /> ar required hy faw, if ther� is more than an� Trustor, any notice gi�en by Lender to any Trustor is deemed to be notice
<br /> gi�en t❑ all Trustors.
<br /> MISCELLANE�US PR�V151�NS. Th� following miscellaneous pro�isi�ns are a part❑�this Deed ❑f Trust:
<br /> Amendments. This ❑eed �f Trust, togeth�r with any Re�ated Documents, cans�itutes the entire understanding and
<br /> agreement of the parti�s as to the matt�rs set forth in this Deed ❑f Trust. N❑ altera�ion of or amendmen� to this
<br /> De�d of Trust shall be etfe�tive unless given in writing and signed by the party or parties saught ta �e charged or
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