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DEED OF TRUST <br />Loan Na: 4'12053'� � ` w � (Continued) <br />zoioc�7sis ���a5 <br />Note, under any of the Related ❑ocuments, or under any other agreement or any laws now or hereafter in force; notwithstanding, <br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise aecured, whethar <br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcament, <br />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 <br />manner affect Trustea's or Lender's right ta 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 beed of Trust and any other security now or <br />hereafter held by Lender or Trustee in such arder and manner as they or either of them may in their absalute discretion determine. No <br />remedy conferred upon or reserved to Trustee or Lender, is intended ta 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 �eed of Trust or <br />now or heraafter axisting at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents <br />to Trustee pr Lender or to which aither af tham may be otherwise entitled, may be exercised, concurrently or independently, from time <br />ta time and as often as may ba deemad expedient by 7rustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed of Trust shall be construed as prbhibiting Lender from seeking a deficiency judgment against tha 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 be exercised alone or together. If Lender <br />decides to spend money or to perform any of Trustar's obligations under this Deed of Trust, after Trustor's failure to do so, that <br />dgcision by Lender will not affect Lender's right to declare Trustor in defaul# and to exercise Lender's remedies. <br />Request for Notice. Trustor, on behaif of Trustor and Lender, hereby requests that s cvpy af any Notics 6f Default and a copy of any <br />Notice of 5ale 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 institutss any suit or action to enforce any of the terms of this Deed of Trust, Lender shall 6e <br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any <br />court action is involved, and to the extent not prohibitad by law, all reasonable expenses Lender incurs that in Lender's opinion are <br />necessary at any time far ihe protection of its interest or the enforcement nf its rights shall become a part of the Indebtedness payable <br />on demand and shall bear interest at tha Nvte rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, withnut limitation, however subject to any limits under applicable law, L.ender's attorneys' fees and Lender's legal expenses, <br />whether or not there is a lawsuit, including attorneys' fees end expenses far bankruptcy procaedings (including efforts to modify or <br />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collectivn services, the cost of searching <br />records, obtaining title reports (including foreclosure reports►, surveyors' reports, end appraisal fees, title insurance, and fees for the <br />Truatee, to the extent permitted by applicable law. 7rustor also will pay any court costs, in addition to all other sums pravided by <br />law. <br />Rights qf Trustes. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGAI'IONS qF 7"RUS?'EE. The following provisions relating to the powers and obligations of Trustee are part of this <br />Deed of Trust: <br />Ppwers vf Trustae. In addition to all powers of T�rustee arising as a matter of law, Trustee shall have the power to take the fpllawing <br />ections with respect to tha Property upon the written request of Lender and Trustor: (a) join in preparing and filing e map or plat of <br />the Real Property, including the dedication of streets br other rights to the public; (b) join in granting any eesement pr creating any <br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of <br />Lender under this ❑eed nf Trust. <br />Trustae. 7rustee shall meet all qualifications requlred for Trustee under applicable law. In addition to the rights and remedies set <br />forth above, with respect to all or eny part of the Property, the Trus#ee shall have the right to foreclasa by natice and sale, 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. Lander, at Lender's pption, may frvm time to time appoint a successor 7rustee to any Trustee appointed under <br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, <br />State of Na6raska. The instrument shall contain, in addition to ail other matters required by state law, the names of the original <br />Lender, Trustee, and 7rustor, the 600k and page (or camputer 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 6y all the beneficiaries under this Deed <br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed ta all the title, <br />power, and dutias conferred upon the Trustee in this pead of Trust and by applicable law. This procedure for substitution of Trustee <br />shall govern to the exclusion of all other provisivns,fvr substitution. <br />NOTICES. Any notice raquired to 6e given under this beed of 7rust, including without limitation any notice af default and any notice of <br />sale shall be given in writing, and shall be effective when actually deliverad, when ectually received by talefacsimile (unless atherwise <br />required by law1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United 5tates mail, as <br />first class, certified or regis[ered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All <br />copies of notices of foreclosure from the holder ot any lien which has priority over this Deed of Trust shall be sent to Lender's address, as <br />shown near the 6eginning vf this Dead af Trust. Any person 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, spepifying that the purpose vf the notice is to changa the person's address. For <br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required <br />by law, if there is more than one Trustor, any notice given by Lender to any Trustnr is deemed to be notice given to ali Trustors. It will be <br />7rustqr's responsi6ility to #ell the others of the notice from Lender. <br />MISCELLANEOUS RROVISIQNS. The following miscellanevus provisions are a part of this Deed af Trust: <br />Amendments. What is written in this Deed of Trust and in the Related Documents is 7rustor's entire agreement with Lender <br />canceming the matters covered 6y this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in <br />writing and must be signed by'whnever will be bound or obligated by the change or amendment. <br />Caption Headings. Caption headings in this Deed of 7rust are for convenience purposes only and are not to be used to interpret or <br />define the prnvisions of this Deed of Trust. <br />Merger. "Chers shall be no mergar of the interest or estate created by this Deed of 7rust wi#h any other interest pr estate in the <br />Property at any tims hald hy or for the 6enefit of Lender in any capacity, without the written consent of Lendar. <br />Governing Law. This �esd of Trust wlll be governed by federal law epplicable to Lender and, to the extent not preempted by federal <br />law, the laws of the Stats of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by <br />Lender in the State of Nebraska. ' <br />Joint and Several Liability. All pbligatipns af Trustor under this Deed af Trust shall be joint and saveral, and all refarences tp Trustor <br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligatians in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Qeed of Trust unless Lender does <br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lander has given up that right. If Lender <br />does agree in writing to give up one of Lender's rights, that daes not mean Trustar will not have to comply with the other provisivns <br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not <br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to <br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor <br />waives presentment, demand for payment, protest, and notice of dishonor. <br />5everability. If a court finds that any provision of this Deed of Trust is not valid or shauld not be enforced, that fact by itself will not <br />mean that the rest of this Desd of Tcust will not be velid or enforced. Therefare, a court will enfbrce the rest af the prbvisinns of this <br />Deed ot Trust even if e provision of this Deed of Trust may be found to be invalid or unenforceable. <br />Successors and Assigns. 5ubject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust <br />shall be binding upon and inure to the benefit af the parties, their successars and assigns. If ownership of the Property becomes <br />vested in a person othar then Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this <br />