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06-01-1988 Loan No 5571 DEED OF TRUST (Continued) 88- 102842 Page 5 remedy In this 0eelJ of Trust or by law provided or permitted, but eoch shall be curoolatlve and shaH be In addition to wary other remedy given In this Deed 01 Trust or now or hereafter exlstlng at law or In equity or by statute. Every power or remedy given by the Note or A"I of the Related Documents to Trustee or Lender or to which either of them may be otherWIse entitled. may be exorcised, concurrently or lndepend8nl1y, from time to tlma and as oft9n III may be doomed expedient by Trustee or Lender, and either of thEim may pursue inconsistent ror....edl8s. Nothing In this Deed of Trust shall be construed as prohibiting Lender from seeking . dellciency judgment against the Grantor to the extent such action is permitted by law. Requu1 For No~ Grantor. 0:1 behalf of Grantor and Lender. hereby requests that a copy c.1 any Notice of Defaun and a copy of any Notice of Sale under this Deed of Trust be mailed to tt.em at the addr9S98!l set forth In the first paragrlph 01 this Dead 01 Trust. Waiver: Eiec:tIon of RMMdu. A waiver by any party 01 a breach c:.f a provision of this Deed of Trust shall not constitute a waiver of or prejudice lhe party's rights othecWfs8 to c:lem8nd stJic1 cofl1lllanc8 with that provision or any other provi8lon. EJectIon by Lender to pUl8Ue A"I remedy provldedln this Deed of Trust, the Note, in any Related Document. or provided by law shall not exclude pursun of A"I other remedy, and an election to make expendltur8ll or to take ac!Ion to perform an obligation 01 Grantor under this Deed 01 Trust after failure of Gran10r to perform shall not affect Lendor'a right to declare a delaun and to exorcise any 01 it3 remedies. In the event ol~sure of thIs.Deed of Trust. Lender Ihlll be entitled to recover from Grantor Lender's actual dlsburnoments necessavlly Incurred by Lender In pursuing such foreclosure. RIghta of TIU8tM. Trustee shall have all 01 the rights and duties 01 Lender Ill! aellol1h In this IMJCtiOn. POWER AND OBUGATIONS OF TRUSTEE. The lollowing provisions reladng to the power! and obligltlons 01 Trustee...e part of tI1Is Deed 01T1US\. Power of Trustee. In adcfltlon to all POWOf1l of Trustee arlsing as a matter 01 law. Trustee shall have the power to take the following KIens with rospoct to the Property upon the request of Lender and Grantor: (a) join In prep8l'Ing and filing a map or plat 01 the Real Property. Including the dedIcatlOn of streelS or other rights to the public; (b) /Oln In grantlng any easement or creallng any restrlcllon on the Real Property; and (c) join In any subordination or other agreement affecting this Deed 01 Trust or the interest of Lender under this Peed of Trust. Trua1M. Trustae shall meet all quallllcallons roqulred for Trustee under applicable state law. In addition to the rights and remecIielI set forth above. with rcspecl to ell or any part of the Proptll1y. the Trusloo shall have the right to foreclOse by notice and sale. and Lender shall haVe the right to for0c\088 by judlclalloreolosure, In either case in accordance with and to the fuR extant provided by applicable law. Slacc..8Or TruatM. Lender, at Lender's option, may from tlme to tlmo appoint a successor Trustee &0 A"I TruS168 appointed hereUnder by an Instrument executed and ecknowlodged by Lender and recorded In the olfice 01 the recorder of Hili! County, Nebr_.. The Instrument shall contain, In addition to all other maltlWa required by state law, the names 01 the original Lender. Trustee. and Gran&or. the book and p~ (or cofl1lutGr system refGr9noo) where this Deed of Trust is recorded, Ind the nlfTlll and address of the successor 1f\lSIGII. and the instrument shall be executed and acknowledged by ItlI the benellclarles under the D'.MKI 01 Trust or their lllICC8lI9OIS in IntenlSl The 3UCC888OI' tru_. without conveyance 01 the Property, shal succoed 10 l1li the tltle. power, and dutl98 conferred upon the Trustee In this DeecI of Trust and by IppIicabIe law. Thls procedure lor substItutIOn 01 trustee shall govern to the excllJaion of .. other provisions lor aubstltution. N011CES TO GRANTOR AND OTHER PARTIES. Any notice under thi!l Deed of Trust, Including wlthoUtlirT1tatlon any notice of detaJlland A"I notice of sale to Gramor, shllll be In wr1Ung and shall be otIectJve when actually dellYered or, " mailed. shan be deemed effectlvu when depotitec:I in the United States mil first dass, regl&1ered mail. postage prepaid, directed to the addf86ses shown at the top 01 page one (1). Any party may change lis address lor notlc8a under this Deed 01 Truet by giving formal written r.o\lce to the ol.her par1les, specifylng that the purpose of the notic81s 10 change the pwty's address. All coplos of notlooa olloroclclltlre from the holder 01 any lion which h88 priority over this Deed of Trust shllll be sent to LendlI"s ~. as shown near the top 01 the first page 01 this Deed 01 Trust. For nollce purposes. Grantor agrees to keep Lender and Trustee Informed at .. times 01 Grantor's current addre53. MISCEUANEOUS PROVISIONS. Tho following ITiscollaneous provlslol1ll 111'8 . part of this Deed of Trust ArMndmenl No alteratIOn or MlOndmonl ot this Deed 01 Trust shall be efIectlvo unless glvon in wrlllng and 8/gned by the p8l1y or parties sought to be charged or bound by the alteration or amondmonl. Annual Reports. II the Property ill used lor purposes olher than Grantor'a residence. Grantor ahllll furnish to Lender. upon request. a statement 01 neI cash profit roceIved from the Property durtng Grantor's previous fiscal YO. In such d8tIliI as Lender atllll require. "Net cash profit" stili mean aH cash recelpts trom the Property loss l\ll eMh cxpendltums made In connoctlon with the optll"allon of the Proper1y. AppiIcIIbIe Law. This Dood ot Trust has boon delivered to Lender and accepted by Lender in the State ot Nebraska. ThIs Deed 01 Trust shal be governed by and construed In accordance with lhe lawn 01 the State 01 Nebraska. Clpilon Hudlnga. Caption heading!lln Ihls Oeod 01 Trust are lor convenience purposes only and are nol to be used to interpret or define the provisions 01 this Deed 01 Trust. Mergar. Thoro shall be no lllefgoi 01 too inlerost or estate created by this Deed 01 Trust with any other Interest or estate in the Property at any time held by or lor the benefit 01 Lender In any capacity, without the WTinen consent 01 Lender. SevWIbUIty. "a court 01 cof11)6tenl Jurlsdictlon finds any provision of this Deed of Trust to be invalid or unenforceable 8810 any pInOn or ci<<:umstanoo. such finding sh.n not render that provl~n Invalid or unenforceable as to any other persons or circumstances, and IlII provisions of It1Is Deed 01 Trust In .. otherr respects shaH remain valid and enlorceable. AcknoWI.cIgrnent. Prior to tho eKocutlon herool Grantor executed an acknowledgment stating that Grantor understands that (a) this Deed 01 Trust ill a trust deed and not a mortgage and (b) the power of sale provided tor In this Deed 01 Trust provides substantially diIIerent righ19 and obllgallons 2.0 Grantor than a mortgage In tl10 ovent 01 delaun or breach 01 obligation. Succeuo... and APlgna.. Subject to the limitations stated In this Oetid 01 Trust on transler of Grantor's IntelllSt. this Deed 01 Trust shaD be binding upon and Inure to the benellt of the partlos, tholr successors and assigns. II ownership 01 \he Property becon'I8S vested In a per9()O other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with releronce to this Deed 01 Trust and lhe Indebtedness by wlri 01 lorbearance or eKtens/On without releasing Grantor lrom lhe obligations olth!e Deed 01 Trust or liability under the Indebtedness. nme I. of the Euence. Time Is 01 the essence In tho performance 01 this Deed of Trust. Waiver Qf Homntud EJcempUon. Grantor heroby releases and waives all rights and benefits 01 the homestead eXOfl1llion laws ot the S1al8 ot Nebraska as 10 a!Ilndebtedness secured by this Deed 01 Trust.