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<br />DEED OF TRUST
<br />D74 (Continued) � � � � ,� � � v
<br />Page 5
<br />Mended to be exclusive of any'other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />In addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity', or by statute. Every
<br />Teedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />r be exercised, Concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />f them may pursue Inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />dgment against the Trustor to the extent such action is permitted by law.
<br />Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to
<br />y or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender wfll
<br />nder's right to declare Trustor in default and to exercise Lender's remedies.
<br />Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />w this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Fees; Expenses. If lender institutes arry suit or action to enforce any of the terms of this heed of Trust, Lender shall be entitled
<br />uch sum as the court may adjudge reasonable as attorneys' fees'at trial and upon any appeal. Whether or not arty court action is
<br />d to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time
<br />ction of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />he Note rate from the date of the expenditure until repaid. Expenses, covered', by this ',paragraph include, without limitation,
<br />Ject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit,
<br />omeys' fees and expenses for bankruptcy proceedings (including efforts; to modify or vacate any automatic stay or injunction),
<br />9 any anticipated post- judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />veyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />any court costs, in addition to all other sums provided by law.
<br />rustse. Trustee shall have all of the rights and duties of Lender as set forth in this section.',
<br />)BLIGATIONS OF TRUSTEE'. The following provisions relating, to the powers and obligations of Trustee are part of this Deed of
<br />rustee. in addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map' or plat of the Real
<br />;hiding the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />ty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />when deposited with a nations
<br />registered mail postage prepai
<br />from the holder of any lien who
<br />of Trust. Any person may chi
<br />persons, specifying that the p
<br />informed at all times of Trusto
<br />given by Lender to any Trusto
<br />Lender.
<br />MISCELLANEOUS PROVISIG
<br />Amendments. What is rr
<br />matters: covered by this 'I
<br />signed by whoever will be
<br />Caption Headings. Cap
<br />the provisions of this Deep
<br />Merger. There shall be 'r
<br />any time held by or for th i
<br />Governing Law, This D
<br />Borrower and Trustor sit
<br />No Waiver by Lender.
<br />writing.' The fact that Le
<br />writing to give up one of
<br />Trustor also understand
<br />again If the situation hal
<br />that does not mean Lenc
<br />protest, and notice of dishonor.
<br />Severability. If a court
<br />that the rest of this Deec
<br />even if 'a provision of thi
<br />Successors and Assig
<br />binding; upon and Inure t
<br />other than Trustor, Len
<br />Indebtedness by way of
<br />Indebtedness.
<br />Time Is of the Essence
<br />Waiver of Homestead
<br />of Nebraska as to all Intl
<br />;Out I ot]6 auuE VOO. v,xwo vu,c,-
<br />s deemed to be notice', given to all
<br />5. The following miscellaneous pro
<br />ten in this Deed of Trust and in the
<br />art of Trust. To be effective, any
<br />xmd or obligated by the change or
<br />i headings in this Deed of Trust ar
<br />if Trust
<br />merger of the interest or estate cri
<br />enefit of Lender in any capacity, wi
<br />d of Trust will be governed by ai
<br />vat has been accepted by Lendc
<br />is a lawsuit, Trustor agrees upon
<br />DEFINITION& The following words shall have the follow
<br />hair nave M rignt to 1011'0011060 Dy nonce ano saie, ana Lender will nave me
<br />re with and to the full extent, provided by applicable law.
<br />to time appoint a successor Trustee to arty Trustee appointed under this
<br />.,ender and recorded in the office of the recorder of Hall County, State of
<br />fitters required by state law, the names of the original tender, Trustee, and
<br />sere this Deed of "Crust is 'recorded, and the name 'l and address of the
<br />acknowledged by all the beneficiaries under this Deed of Trust or their
<br />:e
<br />of the Property, shall succeed to all the title, power; and duties conferred
<br />is procedure for substitution of Trustee shall govem to the exclusion of all
<br />iciuding without limitation any notice of default and any notice of sale shall
<br />fen actually received by telefacsimile (unless otherwise required by law),
<br />ailed, when deposited in the United States mail, as first class; certified or
<br />r the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />rail be sent to Lender's address, as shown near the beginning of this Deed
<br />rf this Deer! of Trust by wing formal written notice to the other person or
<br />person's address. For notice purposes, Trustor agrees to keep Lender
<br />provided or required by law, if there is more than one Trustor, any notice
<br />stors. It will be Trustor's responsibility to tell the others of the notice from
<br />ions are a part of this Deed of Trust:
<br />Mated Documents is Trustor's entire agreement with Lender concerning the
<br />inge or amendment to this Teed of Trust must be in writing and must be
<br />endment.
<br />)r convenience purposes only and are not to be used to interpret or define
<br />W by this need of Trust with any other interest or estate in the Property at
<br />A the written consent of Lender.
<br />Interpreted in accordance' with federal law and the laws of the State of
<br />t the State of Nebraska.
<br />ider's request to submit to the jurisdiction of the courts of Merrick County,
<br />for under this Deed of Trust shall be joint and several, and all references to
<br />o Borrower shall mean each and every Borrower. This means that each
<br />sin this Deed of Trust
<br />ip any of Lender's rights under this Deed of Trust unless lender does so in
<br />: will not mean that Lender has given up that right. If Lender does agree in
<br />;tor will not have to comply with the other provisions of this Deed of Trust
<br />st, that does not mean that Trustor will not have to get Lender's consent
<br />i that just because Lender consents to one or more of Trustor's requests,
<br />ustor's future requests. Trustor waives presentment, demand for payment,
<br />rust is not valid or should not be enforced, that fact by itself will not mean
<br />ierefors, a court will enforce the rest of the provisions of this Deed of Trust
<br />I or unenforceable.
<br />is Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
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