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DEED OF TRUST <br />Loan No: 775229 200210026 (Continued) • r Page 6 <br />indebmdnoss 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 or hereafter in force; nntwithstan ding, <br />some or all of such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether <br />by mortgage, deed of trust, pledge, lien, 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 Dead 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 Deed 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 absolute discretion determine. NO <br />reedy 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 string. Every power or medy 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, concurrently or independently, from time <br />s <br />to time and a 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 Lander 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 he exercised alone or together. If Lender <br />decides to spend money or to perform any of Trustor'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 Trustor in default and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behalf of Trustor 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 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 <br />entitled to recover such sum as the court may adjudge reasonable as attorneys tees at trial and upon any appeal. Whether or net any <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable <br />o demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses cnvared 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 />Cate any automatic stay or injunction), appeals, and any anticipated post- judgment collection services, the cost of searching <br />ords, obtaining title reports (including foreclosure reports), Surveyors' reports, and appraisal fees, title insurance, and fees for the <br />Trustee, to the extent permitted by applicable law. Trustor 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 Lentler, 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 a s natter of law, Trustee shall have the power to take the following <br />actions with respect m the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of <br />the Neal Property, Including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any <br />restriction on the Real Property: and (a) join in any andeedinalion or other agreement affecting Mis Deed of Trust or the interest Of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet ell 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 fomclosum, in either case in accordance with and to the full extent provided by applicable <br />law. <br />Successor Trustee. Lander, at Lender's option, may from time to time appoint a or Trustee to any Trustee appointed under <br />this Deed of Trust by un instrument executed and acknowledged by Lander 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 Trustor, the book and page (or computer system referonce) 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 Dead <br />of Trust or their suoressors 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 Deed of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion at 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 notice of <br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telumseemile (unless otherwise <br />required by law), when deposited with a nationally recogniaad 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 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 Dead of Trust Any parson 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 rho 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 ent address. Unless otherwise provided or required <br />by law, if there is more than eie Trusmr, any notice given by Lender to any Trustor is deemed to be notice given to all Trusters. It will he <br />Trustor's responsibility to tell tho others of the notion from Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: <br />Amendments. What Is written in this Deed of Trust and in the Related Documents Is Truster's entire agreement with Lander <br />concerning the maticrs co red by this Dned of Trust To be effective, any change or amendment to this Deed of Trust most be in <br />writing and must be signed by whoever will be bound or obligated by the change or amendment. <br />