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DEED OF TRUST <br />Loan NO:34185 (Continued) 200201021 ; '', Page 5 <br />and ruiner AS May or either of them may in disk absolute discretion determine. No remedy conferred upon or reserved W Trustee or <br />Lender, Is Intended to he esclusNe Of any MW remedy In this Deed of Trust or. by law provided or permided,.but aeon shall he dumulatNe <br />and shall be in addition to every other remedy given In thb Dead of Trust or now or hereafter existing at law or In equity or by stases. Every <br />power or remedy given by the Note or any of Me Related Documents M Trades or Under or W which either of them may b iiot me 8 <br />counted, may be exercised, concurrently or Independently, from rime to time and as often as may be deemed expedient by Trustee or lender, <br />and either of them may pursue Inconsistent romedies. Nothing in this Deed of Trust shall be construed AS prohibiting Lender from seeking a <br />deficiency jadWwt ageMSl the Trustor to the extent such action H permitted by law. <br />Election of Remedies. All of Landers rights and remedies will be cumulative and may be exercised alone or together. If Lender decides W <br />spend money or to perform any of Thai obligations under this Deed of Trust, after Trustor's failure to do so, Mat decision by Lender will <br />not affect Lender's right to declare Touter In default and M exercise Lender's remedies. <br />Request far Notice. Trustor; on behalf of Trustor and lender, hereby requests Mat a copy of any Notice of Default and a copy of any Notice <br />of Sale under this Deed of Trust be mailed to them At Me addresses set loon in Me 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 Dead of Trust, Larder shall. be Armed <br />to recover such sum as Me cend may Adjudge reasonable as allamays' fees at trial and upon any appeal. Whether or not any own action Is <br />Involved, and W the extent not prohibited by law, ell masOnebie expenses Under inure that in Lenders opinion are necessary At any tuns <br />for Me protection of its interest or Me enforcement of its rights shall become a pad of the Indebtedness payable on demand and Shalt bear <br />Interest at the NOW rate from the data of Me expenditure until repaid. Expenses covered by this Paragraph Include, without', limitation, <br />however subject to any limits under applicable law, Lenders anomeys' fees and Larder's legal expenses, whether or not there is a lawsuit, <br />Including altomeys' fees and expenses for bankruptcy proceedings (including efforts W modRy or vacate any aummatie stay or Injunction), <br />appeals, and any anticipated post - judgment collection services. Me cost of searching records, obtaining this reports (including foreclosure <br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for me Trustee, to Me extant permitted by applicable law. Trustor <br />also will pay any court costs, in addition to all other sums provided by low. <br />Rights of Trustee. Trustee shall have all of the rights and ones Of Lender as Sol With in this section. <br />POWERS AND OBUGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of <br />Trust: <br />POWare of Trustee. In addition to e0 powers of Trustee arising as a n after of law, Trustee shall have Me power w take Me fallowing actions <br />with respect to Me Property upon Me written request of Lender and Truafor. (a) join in preparing and filing a map or plat of; Me Real <br />Property, including the carnation of sunsets or other rights to the puck; (b) join in granting any easement or creating any restriction on the <br />Real Properly; and (c) join in any subordination on other agreement affecting MIN Dead Of Trust or the Interest Of Lender under Mia Deed of <br />Trust. <br />Trustee. Trustee shall mast all qualifications required for Trustee under applicable law. In addition to Me rights and remedies at form <br />above, wllh respect to an or any pad of the Property, the Trustee shall have Me right M foreclose by notice and sale, and Lender will have Me <br />right to foreclese by judicial loreclosure, in either case In accordance with and M the full extent providetl by applicable law. <br />Successor Trustee. Lendur, at Landers option, may from time to time appoint a successor Trustee to any Trustee Appointed under this <br />Used of Trust by an Insouciant executed and acknowledged by Under and recorded in the office of the recorder of Hall County, State of <br />Nebraska. The Instrument shall captain, in additcin Wall Other matters required by state law, the names of the original Lender, Trustee, And <br />Trustor, Me book and page (or computer system reference) where this DOW of Trust's recorded, and the name and address of the <br />successor trustee, and Me instrument shall her executed and ecknowiedged by all Me beneficiaries under this Dead of Trust or their <br />successors In Interest. The successor trustee, without conveyance of the Property, shall summit to all the title, Power, and duties conferred <br />upon Me Trustee In this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall . govern to Me exclusion of all <br />other Provisions for substitution. <br />NOTICES. Any notice required M be given under this Deed of Trust, Including without limitation arty notice of default and any notice of sale shall <br />W given in writing, and shall be effective when actually delivered, when actually received by teiefacsimiie (unless otherwise mc,uirad by law), <br />when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, perlpged Or <br />registered PAR postage prepaid, directed to the Addresses shown roar the beginning of this Dead of Trust All copies of ncuces of foreclosure <br />Mom Me holder of any lien which has priority over this Deed of Trust shall be awl to Lender's address, as shown near Me beginning o0 Mia Deed <br />of Trust. Any Person may change his or her address for rouses under this Dead of Trust by giving formal written notice to the ether person or <br />persons, specifying Mal the purpose of the notice Is W change the person's address. For notice Purposes, Trustor agrees M keep Lender <br />informed at all time of Trusters curent address. Unless otherwise provided or required by law, if More Is nova than one TrucWr, any notice <br />given by Lender to any Trustor Is deemed to be notice given to all Trusters. It will be Trusters responsibility to ten Me others of MB notice from <br />Land., <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Deed of Trust: <br />Amendmenta. What Is written In this DOW of Trust antl in Me Related Documents is Truslar's entire agreement with Lender concerning Me <br />mom, covered by this Deed of Trust To be effective, any change or Amendment W this Deed of Trust must be in writing and must ho <br />signed by whoever will be bound or obligated by the change or amendment. <br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define <br />Me provisions of this Dead N Treat <br />Merger. There shall be no merger of the interest or estate created by this Dead of Trust with any other interest or estate in the Property at <br />any time held by or for the benefit of Lander In any capacity, without Me written consent of Lender. <br />Governing LAW. This Deed of Trust WIII be governed by and Interpreted In accordance With federal law and the laws of Me State of <br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choice of Vanue. If Mere Is a lawsuit, Trustor agrees upon Lender's request W submit to the jurisdiction of Me courts of Merrick County, <br />State of Nebraska <br />Joint and Several Liability All connections Of Borrower and Trusor under this DOW of Trust shall be joint end several, and ell references W <br />Truster shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means Mat each <br />Borrower and Trustor signing betow is responsible for all obligations in this Deed of Trust <br />No Waiver by Under. Trustor understands Lender win non give up any of Under's rights under this DOW of Trust unless Under does so 0 <br />writing. The fact Mat Lender delays or orras M exercise any right will rot mean Mal Lender has given up Mat right. If Larder does agree In <br />writing W give up one of Leetler's rights, Met does not mean Trustor will not have to comply with Me other provisions of this DoW of Trust. <br />Trustor also understands that R Lender does consent M a request, that does not mean Mal Trustor will not have in get Lenders consent <br />again H Me situation happens again. Trustor fuller understands that just because Lander Consents to one or more of Inflators requests, <br />Mat does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presenmunt, derrend for payment, <br />protest, and notice of dishonor. <br />Severability. If a court finds that any provision of Mis Dead of Trust Is not valid or should not be enforced, Mat fact by itself will not mean <br />Mal Me rest of Mis Dead of Trust will flat be valid or enforced. Therefore, a court will enforce Me rest of the provisions of this Deed M Trust <br />even R a provision of Mis Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be <br />binding upon and Inure W Me benefit of the ponies, their successors and assigns. If Ownership M Me Property becomes vested in a person <br />Other Man Trustor, Lender, without notice to Truster, may deal with Trustor's successors with reference M this Dead at Trust and the <br />Indebtedness by way of forbearance or extension without releasing Trustor from Me obligations of this Deed of Trust or liability under Me <br />Indebtedness. <br />Time W of the Essence. Time is of he assene in the performance of Mis Dead of Trust <br />Waiver of Homestead Exemption. Trustor hereby releases and waives all fights antl benefits of the homestead exemption laws of the State <br />of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />