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2O24O2891 <br />deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its <br />enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of <br />Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other <br />security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, <br />shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee <br />in such order and manner as they or either of them may in their absolute discretion determine. No remedy <br />conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of <br />Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to every other <br />remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or <br />remedy given by the Notes or any of the Related Documents to Trustee or Lender or to which either of them <br />may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as <br />may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing <br />in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the <br />Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not <br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an <br />obligation of Trustor under this Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right <br />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 <br />Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in <br />the first paragraph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of <br />Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at <br />trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, <br />all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall <br />bear interest at the rate provided in the Notes from the date of the expenditure until repaid. Expenses covered <br />by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's <br />attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and <br />expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), <br />appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title <br />reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other <br />sums provided by law. <br />Rights of Trustee. Trustee shall 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 <br />of Trustee are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power <br />to take the following actions with respect to the Property upon the written request of Lender and Trustor: <br />(a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other <br />rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and <br />(c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this <br />Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the <br />rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the <br />right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in <br />either case in 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 <br />Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and <br />recorded in the office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in <br />10 <br />