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� io-2�-1999 DEED OF TRUST • � 9 10 2 8 0 Page 7
<br /> Loan No 765379 (Continued) '� . '� � " ` �
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<br /> remedy provided in this Deed of Trust,the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy,
<br /> and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to
<br /> perform shall not affect Lender's right to declare a default and to exercise any of its remedfes.
<br /> Attorneys'Fees;Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br /> recover such sum as the cou�t may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is
<br /> involved,all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br /> enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of
<br /> expenditure until repaid. Expenses covered by this paragraph include,without limitation, however subject to any limits under applicable Iaw,
<br /> Lender's attorneys' fees whether or not there is a lawsuit, including attorneys'fees for bankruptcy proceedings (including efforts to modify or
<br /> vacate any sutomatic stay or injunction), appeals and any anticipated post judgment collection services, tha cost of searching records,
<br /> obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent
<br /> permitted by applicable Iaw. Trustor also will pay any court costs,in addition to all other sums provided by Iaw.
<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 foilowing provisions relating to the powers and obligations of Trustee are part of this Deed of
<br /> Trust.
<br /> Powers oi Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions
<br /> with respect to the Property upon the written request of Lender and Trustor: (a)join in preparing and filing a map or plat of the Real Property,
<br /> including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the Real Property;
<br /> and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable Iaw. In addition to the rights and remedies set forth above,
<br /> with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to
<br /> foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable Iaw.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an
<br /> instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,Nebraska. The instrument shall
<br /> contain, in addition to all other matters required by state law, the names of the original Lender,Trustee, and Trustor,the book and page(or
<br /> computer system reference)where this Deed of Trust is recorded,and the name and address of the successor trustee,and the instrument shall
<br /> be executed and acknowledged by all the beneBciaries under the Deed of Trust or their successors in interest. The successor trustee,without
<br /> conveyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicabie
<br /> law. This procedure for substitution of trustee shail govern to the exclusion of all other provisions for substitution.
<br /> NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br /> otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if
<br /> mailed,shall be deemed effective when deposited in the United States mail first class,certified or registered mail, postage prepaid, directed to the
<br /> addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br /> written notice to the other parties,specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from
<br /> the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust.
<br /> For notice purposes,Trustor agrees to keep Lender and Trustee informed at all times of Trustor's current address.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust,together with any Relatsd Documents,constitutes the entire understanding and agreement of the parties as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
<br /> signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State ot Nebraska. Thls Deed of Trust
<br /> shall be governed by and construed In accordance with the laws ot the State of Nebraska.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any
<br /> time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Multiple Parties. All obligations of Trustor under this Deed of Trust shall be joint and several,and all references to Trustor shall mean each and
<br /> every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust.
<br /> Severability. If a couh of competent jurisdiction flnds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any
<br /> such offending provision shall be deemed to be modified to be within the limits of enforceabiliiy or validity; however, if the offending provision
<br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br /> binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br /> Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust(or under the Related Documents)
<br /> uniess such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust,the granting of such consent by Lender in any instance shall not
<br /> constitute continuing consent to subsequent instances where such consent is required.
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