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►M A r; „ DEED OF TRUST 201005913 (Continued) Wage 5 conclusive proof, of the truthfulness, thwept, Any, p,ersop, including without. limitation. Truster, Trustep, o,r,.Lender,, may puCc.hosa at suoh,sale,,: , (b) As may be permitted by law, after deducting all costs,'feos and'expenses of Trustee and ofthis Trust; inc'ludMg•costs of evidence of title: in connection. wjth.sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expanded under the terms of this Deed of Trust ,or, under the terms of the Note not then repaid, including but not limited, to. accrued interest and late charges, 00 all other sums.then secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property. Remedies Not Exclusive, Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce arty other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust avid any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No 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 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 now 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 to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. 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 Npti06- of Sale under this'Deed'of Trust'pe mailed to thbrn at the'addresses set' forth'in the first paragraph of this deed cif Trust. ' Attorneys' Fees; Expenses.. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, lender shall be ehtitleo td recover such sum'as the court may adjudge'reasariabld'a's attorneys fees at trial and upgn'any appeal, 'Whether or not any court action is involved, and to. the extent' not prohibited by law, 'all reasonable' expenses Lender incur' Ahat in Lender's opinion are necessary at any time "for the protection of its interest or the enforcement of its rights shall becorne'a part df'the Indebtednes's 'payable on demand and shall bear'interest at the Note rate from the date'of the expenditure until repaid.. 'Expenses''covered'by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: ac Powers wf Trustee. In addition to all powers owrit Trustee arising as a matter of law, Trustee shall have the power to take the following art upon the n request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public;, (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set 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 shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee, Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by, an instrument executed, and acknowledged,by lender and recorded in the offica.of the.. recorder of Hall County, ,.State,of..Nebraska.. The instrument shall,,contairi;';in addition, to' all 'other matters required by state law, oe"names, of the original Lender, Trustee; and Trustor, the, 'bbok'and':page * co,mputar'sysiem reference) yvliere this Deed'of'Tryst js recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust for their successors in 'interest,: The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in,this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under'this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust, All 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 shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of trust are for convenience purposes only and are not to be used to ,interpret or define the provisions of this Deed of Trust: Merger.. There shall be no merger of the interest or estate created by this Deed of Trust with any other intgreslt or estate in the Property at any time held Eby or for the benefit of Lender in any capacity, without'thie written consent of Lender Governing Law,,. This Deed 'of. Trust will be govern.ed by federal law applicable to Lender and- to, the, extent not preempted by federal law, the laws of the..State :of Nebraska, without regard to. its. conflicts lot Iaw.provislons. .This Deed of Trust has been accepted by lender in the State of Nebraska.... Choice of Venue, If there' is a`Iawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction 'of the courts of Hall County, 'State of Nebraska: