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-I OF TRUST 200207556 <br />Loan No: 774633 (Continued) Page 6 <br />purchase at such sale. <br />IT) As ntay be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of <br />evidence of title in oonneotion with sale, Trustee shall apply the orooasdo of sale to payment of if all sums expended under <br />The terms of this Deed of Trust or under the terms of the Note not than repaid, Including but not limited to accrued interest <br />and late charges, (iii all other suers then secured hereby, and rut the remainder, if any, to the person or persons legally <br />entitled thereto_ <br />(al 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 entitled to critics payment and performance of any <br />indebtedness or obligations s ..,,,ad by this Deed of Trust and It exercise all rights and powers under this Decd of Trust, under the <br />Note, under any of The Related Documents, or under any other ageenrent or any laws now or hereafter in force: notwlthertanding, or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether <br />by- engage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor Its enforcement, <br />whether by c nT action or pursuant to the power of sale or other powers contained In this Deed of Trust, shall pr"jud'ee or in any <br />manner affect Trustee's or Lenders right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trustee and Lentler, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or <br />hereafter hold by Lender or Trustee In such order and manner as they or either of them may In their absolute 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 he in addition to every other remedy given In this Deed of Trust or <br />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 />mTastes or Lender or to which either of them may he otherwise entitled, may be exercised, concurrently or independently, from time <br />to Time and a s often a 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 Truster 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 be exercised alone or together. If Lender <br />decides to spend money or to perform any of Truster'- obligations under this Deed of Trust, after Truster'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 espy 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 action to enforce any of the terms of this Deed of Trust, Lender shall be <br />entitled to recover such sum as the hurt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />curt action is evolved, and to the extent riot prohibited by law, all reasonable exponsas Lender incurs that in Longer Opinion are <br />nessary of any time far the protection of Its interest or tire enforcement of its rights shall become a part of the Indebtedness payable <br />on demand and shall bear Interest at the Note rate from the darn of the expenditure until repaid. Expenses covered by this paragraph <br />include, 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 expenses for bankruptcy proceedings (including efforts to modify or <br />vacate any autumatio stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching <br />cords, obtaining title reports linaluding foreclosure reports), surveyors' reports, and appraisal tees, title Insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Truster also will pay any court casts, 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 shell have the power to take the following <br />actions with respect to the Property upon the written request of Lender and Truster: (a) join In preparing and filing a map or plat of <br />the Real Property, including the distension of streets or other rights to the public; of join In granting any ear ant or creating any <br />restriction on the Real Property; and el join in any subordination or other agreement affecting this Dead of Trust or the Interest of <br />Le Islet under this Deed of Trust. <br />Trustee. Trustee shall r set 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 said, and Lender <br />will have the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lender, at Lenders option, may from tiro" to Time appoint a successor Trustee to any Trustee appointed under <br />this Deed of Trust by an Instrument fouldr red and acknowledged by Lender and recorded in the office of the recorder of HALL County, <br />State of Nebraska. The instrument shall domain, in addition to all other matters required by state law, thenames of the original <br />Lender. Trustee, and Truster, the book and page for computer system reference) where this Deed 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 it, 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 Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shell govern to the exclusion of all other provisions for sudstimted. <br />NOTICES. Any notice required to he given under this Deed of Trust, including without limitation any notice of default and any notice of <br />sale shall be given in writing, and shall he effective when so..ally deliveredr when andnally received by telefacsmile (unless otherwise <br />o"andd by (awl, when deposited with a nationally reoaqui:ed overnight courier, or. If mailed, when deposited in the United Stator nail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead 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 Lender's address, as <br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Dead of Trust by giving <br />