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2� 17�2�98
<br /> DEED �F TRUST
<br /> Loan Na: 'i�'i 3�4'1�U �Continu�d� Page 8
<br /> either af them may in their ahsolute discretion determine. N� remedy Ganf�rred up�n vr reser�ed ta Trustee or
<br /> Lend�r, is intended ta be exclusi�e o# any ❑ther remedy in this Deed of Trust or by law pro��ded ar permitted, but
<br /> each shall be cumu�ati�e and shal! �e in addition ta e�ery other remedy gi�en in this Deed of Trust ❑r now or
<br /> hereafter existing at law or in equity ❑r hy statute. E��ry power ar remedy gi��n by th� Note or any of the R�lat�d
<br /> ❑ocuments to Truste� ar Lend�r ❑r t❑ which either of them may be otherwise entitfed, may be exercised,
<br /> concurrent�y ar independently, from t�me t❑ time and as often as may be de�med expedient �y Trustee ❑r Lender,
<br /> and either ❑f them may pursue inconsistent remedies, Nothing in this Deed of Trust shall be construed as
<br /> prohibiting Lender from se�king a deficiency judgment against the Trustor�o the extent su�h action is permitted by
<br /> law. E�ectian by Lender t� pursue any remedy shall not exclude pursuit ❑t any other remedy, and an election to
<br /> make expenditures or to #ake action to perform an ❑bligation ❑f Trustor under this De�d of Trust, aft�r Trustor's
<br /> failure ta perform, shall not a#fect Lender's right to de�lare a defauit and exercis� its remedies.
<br /> Request for Nati�e. Trustor, ❑n behalf vf Trustor and Lender, hereby requests tha� a copy ot any Natice of Default
<br /> and a copy o� any Natice ❑f Sa�� under this Deed ❑f Trust be mailed ta them at the addresses set forth in the fi�s�
<br /> paragraph�f this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit ar action �o enfvr�e any �f the terms of thEs D�ed ❑f
<br /> Trust, Lend�r sha�l be entitled to recv�er such sum as the �ourt may adjudge reasvnable as atto�neys' fees at trial
<br /> and upan any app�al. VVhether or not any court actian is in�ol�ed, and to the extent not prohibited by law, all
<br /> reasanable expenses L�nder incurs that in Lender's apinion are necessary at any time f�r th� protection a� its
<br /> interest nr the enfarcement vf its rights shall became a part of the Indebtedness payab�e on demand and shall bear
<br /> interest at the Nate rate fram the date vf the expenditure until repaid. Expenses co�ered by this paragraph in�lude,
<br /> withaut limitation, howe�er su�j�ct to any limits under applicabf� law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether �r not �here is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �inc�uding effor�ts tv modify or �acate any automatic stay or injunctianf, appeals, and any anticipated p�st-judgment
<br /> collection ser�ices, the cost of searching reGords, ❑b�aining titie reports {including forecfasure reportsy, sur�eyors'
<br /> repor�s, and appraisal �ees, title insuranc�, and €ees for �he Trustee, tv the extent permitted �y applicabl� law.
<br /> Trustor also will pay any court�osts, in addition t� ali vther sums pro�ided �y law.
<br /> Rights af Trustee. Trus��e sha�l ha�e all at the rights and duties af Lender as s�t fvrth in this section.
<br /> PaWERS AND nBLIGATIaNS �F TRUSTEE. The following pro�isivns relat�ng to th� pow�rs and obligatians of Truste�
<br /> are part of this Deed vf Trust:
<br /> Powers of Trustee. in additian to all powers of Trustee arising as a matter of law, Trustee shall ha�e the power t�
<br /> take the to��owing actions with r�spect to the Property upon the written request of Lender and Trustar: �af j�in in
<br /> preparing and filing a map or pla# of the Real Property, including the dedication of streets vr other rights to the
<br /> public; {b� jvin in grant�ng any easement or creating any restriction an the Real Prop�rty; and �cj join in any
<br /> suhordination or oth�r agreement affecting this Deed ❑f Trust vr the interest❑f Lender under this De�d vf Trust.
<br /> Trustee. Trus�ee shall meet a�� quaii�fcatians required fvr Trustee under applicable �aw. In additivn to the rights
<br /> and remedies set �orth abv�e, with respect to all or any part ❑f the Property, the Trustee shall ha�e the right to
<br /> fareclose by notice and sale, and Lend�r shall ha�e the right to fvrecfose by jud#cial foreclasure, in either case in
<br /> accardan�e with and t❑the full extent pro�ided by applicable law.
<br /> Successar Trustee. Lender, at Lender's ❑ption, may from time to time appoint a successor Trustee to any Trustee
<br /> appoir�ted under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> nffice af the recorder of HALL County, 5tate af Nebraska. The instrument shall cvntain, in addition ta alf other
<br /> matters required by state law, the names af the original L�nder, Trustee, and Trustar, the bvok and page �or
<br /> camputer system reference} where this Deed of Trust is recorded, and th� name and address vf th� successar
<br /> trustee, and the instrument shall be �xecuted and acknowiedged by all the ben�ficiari�s under this Deed af Trust�r
<br /> the�r successars in interest. The su�cessor trustee, withvut con�eyance vf the Property, sha�� su�ceed to aIl the
<br /> titte, pvwer, and duties conferred upon the Trustee in this Deed ot Trust and by applicable law. This procedure far
<br /> substitution of Trustee shall ga�ern to the exclusion vf all other pra�isions for substituti�n.
<br /> N�TECES. Any notice required to be gi�en under t�is �eed ❑f Trust, including withvut limitation any notice of default
<br /> and any natice of saie shall he gi�en in writing, and shall be effecti�e when actually deli�ered, when actually recei�ed
<br /> by tel�facsimile �un�ess atherwise required by law}, when deposited with a nativnally rec�gnized o�ernight courier, vr, if
<br /> mail�d, when depasited in the United States mail, as tirst class, certified or registered mail postage prepaid, directed t❑
<br /> the address�s shown near the beginning of this Desd of Trust. All cqpies of notices af forecl�sure from the holder �f
<br /> any lien which has pri�rity o�er this Deed ot Trust sh�afl he sent to Lender's address, as shown near the beginning of
<br /> this Deed ❑� Trust. Any party may change its address for notices under this Deed of Trust by gi�ing farmal written
<br /> notFce to the athe� parties, specifying tha� the purpase of the notice is ta change the party's address. For notic�
<br /> purposes, Trustor agrees to keep Lender infvrmed at all tim�:s �f Trustor's current address. Unless otherwise pro�id�d
<br /> ar required by law, if there is more than or�e Trustar, any notice gi�en by Lender t� any Trustor is deemed ta be natice
<br /> gi�en to all Trustars.
<br /> 11111SCELLANE�US PR�VISI�NS. The follawing miscellaneous pra�isions are a part of this Deed of Trust:
<br /> Am�ndments. This ❑eed of Trust, together wi�h any Relat�d Documents, �onst�tutes the ent�re understanding and
<br /> agreement n� the parties as to the matters set farth in this Deed of Trust. No alt�ration of or amendment ta this
<br /> Deed of Trust shall be eftecti�e unless gi�en in writing and signed by the party ❑r parties saught to be charged or
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