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DEED OF TRUST n per <br />Loan No: 77663Q (Continued) 2' o O J Q', S 66 Page 6 <br />entitled tberete. <br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. <br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be emitted to enforce payment and performance of any <br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust under the <br />Note, under any of the Related Documents, or under any other agreement or any laws now r hereafter in force; notwithstanding, <br />soma or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, dead of trust, pledge, Ilan, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement. <br />whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Dead of Trust and any other security now or <br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolate discretion determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy In this Deed of Trust or by <br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or <br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, cancan. ntly or independently, from time <br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may bee t rcised alone or together. If Lender <br />decides to spend money or to perform any of Trustar's obligations under this Deed of Trust, after Trustor's failure to do so, that <br />decision by Lender will not affect Lender's right to declare Truster in default and to exercise Lender's 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 <br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. <br />Attorneys' Fees: Expenses. If Lender institutes any suit or police to enforce any of the terms of this Dead of Trust, Lender shall be <br />entitled to recover such sum as the court may adjudge aso nable as attorneys' fees at trial and upon any appeal. Whether or not any <br />not action is involved, and to the extent not serest prohibited <br />ort a law, all reasonable expenses Lender in s the) In Lender's opinion are <br />necessary at any time for the protection of its interest m the enforcement of its rights shall become a part of the rey this Indebtedness payable <br />include, tl and shall bear interest at the Note rate from the date of The expenditure until repaid. Expenses covered by this paragraph <br />het without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees and expensed for bankruptcy proceedings services, the efforts to modify or <br />acate any automatic stay or Including f, appeals, and any surveyors' ar post-judgment and a collection services, an coat of searching <br />records, to the title reports including applicable cable law, reports), surveyors' reports, and appraisal fees, title Insurance, and foes for the <br />Trustee, to the extent permitted by applicable law. Truster also will pay any court costs, in addition to all other sums provided by <br />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 of Trustee are part of this <br />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 to take the following <br />actions with respect to the Property upon the written request of Lender and Truster: la) join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights to the public; to) join in granting any casement or creating any <br />restriction on the Real Property and of join in any subordination or other agreement affecting this Deed of Trust or the Interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />will have the right to foreclose by judicial inordinate, in either case In accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of HALL County, <br />State of Nebraska The instrument shall contain, In addition to all other matters required by state law, the names of the original <br />Lender, Trustee, and Truster, the book and page nor computer system reference) where this Dead of Trust is recorded, and the name <br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed <br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, <br />power, and duties conferred upon the Trustee in this Dead of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all 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 ounce of <br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise <br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address, as <br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving <br />formal written notice to the other person or persons, specifying that the purpose of the notice Is to change the person's address. For <br />notice purposes, Truster agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required <br />m <br />by law, if there is ore than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trusters It will be <br />Toaster's resyor s'ibigty to tall the other, of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscdlancous provisions are a part of this Dead of Trust: <br />