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DEED OF TRUST
<br />(Continued) 200207056 page
<br />noun action W comment to the power of sale or other powers contained in this Deed of Trust, shall proiudice or in any manner atact
<br />Trustee's or lenders right to houst upon or enforce any other security now or hereafter held by Trustee or Lender, It being agreed mat
<br />Trustee and Lender, and each of shall be entitled to enforce this Dead of Trust and any other security new or hereafter held by Lender
<br />or Trustee In suer order and manner as They or wither of them may In their absolute discretion determine. No remarry conferred upon or
<br />need to Trustee or Lender Is Intended W be exclusive of any other remedy In this Dead of Trust or by law provided or permitted, bid
<br />each Shall as cumulative and shall be In addition to every other remedy given M tall Deed of Trust or now or hereafter existing at Ise or In
<br />newly or by statute. Every power or remedy given by the OreeV Agreement or any of the Related Documents to Trustee or Lender or to
<br />which start of may be oherwase entitled may W exercised, concurrently or Independently, from time to time and as often as may be
<br />deemed expedient by Trustee or Lender and either m them may pursue inconsistent remedies. Noting in this Deed of Trust shall be
<br />cwnsWed as prohibiting Under from seeking a deficiency judgment against the Trustor to the extent such action Is permitted by law_
<br />Election of Remedies. All 01 Lentlers rights and remedies will be cumulative and may be exercised alone or teacher. It Leader decides to
<br />spend money or to perform any of Trustor s obligations under his Deets 01 Trust after Trustors failure to do s4 that decision by Lender will
<br />not affect Lenders fight to declare Tmatr in default and in exercise Lenders remediee.
<br />Request for Notre. Trustor, on behalf of Trustor and Lander, hereby requests tat a copy et any Notice of Default and a Copy of any Notice
<br />of Sale under this Dead of Trust be mated to Mere at the addresses set loan in the first paragraph of h'is Dead of Trust.
<br />Attorneys' F9%p Expenses. If Lander institutes any suit or Seem to enforce any of Me Vote of Deaf of Trust Lender wait be argued
<br />to recover such sum as Me coon they adjudge reasonable as Secretes fees at that and upon any appeal. Whether or riot any toad acton is
<br />involved h W
<br />, and to e extent not prohibited Iaw, at reasonable expenses Lender incurs that in Landers opinion are necessary at any time
<br />or the preferred of Its Interest or the enforcement an its rights shall become a pan of he Irwebtednebs payable on demand and shall bear
<br />Interest at the Credit Agreement rate from Me date of the expenditure until repaid Expenses covered by Mrs paragraph robust, wMWt
<br />Ilmllatlon, rowerver subject to any limits under appicable law, Lender's attorneys fees and Lender 'a legal expenses, whether or not Mere Is a
<br />lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to maddlty or vacate any automatic stay or
<br />Injunction), appeals, and any antlepeted post- judgment selection services, the cost of searching records, obtaining this reports (Including
<br />oreclosure reports), surveyors' reports, and appraisal fee a title insurance, and fees for the Trustee, fit Mite exrere behalf by applicable law_
<br />Trustor also will pay any soon costs in addition t0 911 ether sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set foM In this assured.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are and Of the Deed of
<br />Trust:
<br />Powers of Trusts. In additi0n to all powers of Traded arising as a natter of law, Tral shall have the power to fake the following actions
<br />with respect to he Property upon to written request of Lender and Trustor (a) join in preparing arm fling a map or plat of thin Real
<br />,P
<br />Property ncluding the dedication of streets or other rights to the publlq (b) loin In granting any easement or creating any restriotb Vi
<br />n on e
<br />Hall Peabody and iid join In any subordination or other agreement affecting this Deed of Trust or the Interest of Leaner under this Deets of
<br />Trust.
<br />Trustee. Trustee shall Went all qualifications required for Trustee under applicable law. In addition W the rights and remedies set fro n
<br />above, cola respect to all or any pan of the Property, the Trustee shall have Me right M foreclose by run red and sale, and Lander will have the
<br />right W foreclose by judicial foreclosure, in siMSr case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee Lender, at Lender option, may from time to time appoint a successor Trustee to any Trustee appointed under his
<br />Deets of Trust by an Instrument esewled and acknowledged by Lender and recorded In the once of the recorder of HALL Coubry, State Of
<br />Nebraska- The Instrument shall come n, In addition to all other maters passed by state raw, the names of the Original Lender, Trustee, and
<br />Tester, the back and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of Mr
<br />or Vustee, and the instrument shall be exti and acknowledged by all the banefeiaries under this Dowd of Trust or their
<br />n Interest The successor trustee, without Conveyance Of me Property, shall succeed to all Me title, power, and duties conferred
<br />upon to Trustee In this Dead of Trust and by applicable Iaw. This procedure for Substance of Trustee shall govern to the exclusion of all
<br />other pr0isiwns for substitution
<br />NOTICES. Any notice required to be given under this Deets W Trust' Inducing without limitation any notice of default and any notice of sale shall
<br />be given In writing, and shed) he effective when actually delivered, When a0N911y received by tedfaesimlle (unless otherwise required by Iaw),
<br />when deposited with a nationally recegnheb Overnight courier, or if mailed, when deposited In Me noted States not as first class, Cedit or
<br />registered evil passage prepaid, directed be the addresses shown near the beginning of this Deed of Trust NI copies of notices of foreclosure
<br />from Me honer of any Ilea which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Dead
<br />of Trust Any mersan may change his or her address for notices under this Deets of Trust by giving tha tat written notice to Me other person or
<br />persons, specifying that the purpose of the notice Is to change the person's address, For notice purposes, Trustor agrees To keep Leader
<br />informed at all times of Tru9fors current address. Unless mherwlse provided or required by few, it Mere is more than and Truster, any notice
<br />given by Lentler to any Tubular Is deemed t0 be notice given to all Trustors. It will be Trustor s responsibility to tell the Whom of the notice Imm
<br />Lentler.
<br />MISCELLANEOUS PROVISIONS. The fallowing miscellaneous pmNSions are a pan of this Deets W Trust
<br />Amendments. What is written in this Deets of Trust and in the Related Documents IS Trustor s entire agreement with Lender concerning Me
<br />matters covered by this Deets of Trust To be effective, any change or amendment to this Deets W Trust must der In writing and must M
<br />signets by whoever will be bound Or Carol by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are Our convenience purchase only and are not to be used to Interpret or Option
<br />thin provisions of this Deets of Trust.
<br />Merger. There shall be no merger of Me Interest Or estate created by this Dead of Trust with any Other Interest Or Waste In the Property at
<br />any time meld by or for he benem of Lender in any capamty, without he written consent of Lender.
<br />Governing Law. This Dead of Trust will be governed by and Morpreled In accordance with federal law and the larva of the Stale of
<br />Illinois, except and only to the extent of procedural matters related t0 We NHr tlon and enforcement of Lentlers rights and
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