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DEED OF TRUST 200300360 <br />Loan No: 1631605 (Continued) Page 5 <br />each of them, shall be entitled to enforce this Dead of Trust and any other security now or hereafter held by Lender or Trustee in such order <br />and manner as they or either of them may In their absolute discretion determine. No remedy conferred upon or reserved to Trustee or <br />Lender, is intended to be exclusive of any other remedy In this Deed of Trust or by law provided or permitted, but each shall be cumulative <br />and shall be 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 />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise <br />entitled, may be exercised, concurrently or Independently, from time to time and as often as may be deemed expedient by Trustee or Lender, <br />and either of them may pursue inconsistent remedies. Nothing In this Deed of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency judgment against the Truster 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 obligation of Truster under this <br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. <br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice <br />of Sale under this Dead of Trust be mailed to them at the addresses set forth in the first paragraph of this Dead of Trust. <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 <br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is <br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any Nme <br />for the protection of its interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear <br />Interest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, <br />however subject to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, <br />including attorneys' fees and 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 brands (including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster <br />also will pay any court costs, in addition to all other 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 094-IGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pad of this Dead of <br />Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the fallowing actions <br />with respect to the Property upon the written request of Lender and Truster: (a) join In preparing and filing a map or plat of the Real <br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the <br />Real Property; and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of <br />Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth <br />above, with respect to all or any pan of the Property, the Trustee shall have the right t0 foreclose by notice and sate, and Lender shall have <br />the right to foreclose by judicial foreclosure, in 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 Trustee appointed under this <br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hell County. State of <br />Nebraska. The Instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee. and <br />Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the <br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their <br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred <br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all <br />other provisions for substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sate shall <br />be given In writing, and shall be effective when actually delivered, when actually received by telefacaimtle (unless otherwise required by law), <br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Stales mail, as first class, certified or <br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure <br />from the holder of any lien which has priority over this Deed of Trust shell be sent t0 Lender's address, as shown near the beginning of this Deed <br />of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that <br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustar's <br />current address. Unless otherwise provided or required by law, if there is more than one Truster, any notice given by Lender to any Truster Is <br />seemed to be notice given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The following miscellara ous provisions are a pan of this Dead of Trust: <br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties <br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shell be effective unless given in willing <br />and signed by the party or padles sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a carried <br />statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall <br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the <br />operation of the Property. <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 <br />the 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 <br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the <br />Stale of Nebraska. This Deed of Trust has been accepted by Lender In the Stale of Nebraska. <br />Joint and Several Liability. All obligations of Truster under this Deed of Trust shall be joint and several, and all references to Truster shall <br />mean each and every Truster. This means that each Truster signing below is responsible for all obligations in this Dead of Trust. <br />No Waiver by Lender. Lender shall not be tleemetl to have waived any rights under this Deed of Trust unless such waiver Is given in <br />writing and signed by Lender. No delay or omission on the pan of Lender in exercising any right shall operate as a waiver of such right or <br />any other right. A waiver by Lender of a provision of this Deed of Trust shalt not prejudice or constitute a waiver of Lender's right otherwise <br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of <br />seeing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future <br />transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance <br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be <br />granted or withheld in the sole discretion of Lender. <br />Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any <br />person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or <br />circumstance. It feasible, the offending provision shell be considered modified so that It becomes legal, valid and enforceable. If the <br />offending provision cannot be s0 modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the <br />Illegality, invalidity, or unenforceabilily of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other <br />provision of this Deed of Trust. <br />Successors and Assigns. Subject to any limitations staled 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 Truster, Lender, without notice to Truster, 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 Truster from the obligations of this Deed of Trust or liability under the <br />Indebtedness. <br />