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Y. � f •
<br />Loan No: 101235829 '
<br />DEED OF TRUST 2 010 U 9 011
<br />(Continued) Page 7
<br />by mortgaga, deed af trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its anforcement,
<br />whether by court action or pursuant to the power of sale or other pqwers cnntained in this Deed of 7rust, ahall prejudice or in any
<br />manner affect Trustee's or Lender's right to realiza upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that 7rustee 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 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 6e exclusive af any other remedy in this Deed of 7rust or by
<br />law provided or permitted, but each shall be cumuiative and shall be in additiqn to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power pr remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either af them may be otherwise entitled, may be exercised, concurrently nr independently, from time
<br />to time and as often as may be deemed expedient by Trustee ar Lender, and either of them may pursua incpnsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender ta pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an electian to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercisa its remedies.
<br />Request for Notica. Trustnr, on behalf of Trustor and Lender, hereby requests thet a copy of any Notice of Default and a copy vf any
<br />Nqtice of Sale under this Deed of 7rust be mailed to them et the addresses set fqrth in the first paragraph of this Deed nf Trust.
<br />Attprneys' Fees; Expenses. If Lender institutes any suit nr action tn enforce any of the terms of this beed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge rea�cvnable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion ar�
<br />necessary at any time for the protection of its interest or the enfprcement af its rights shall become a part of the Indebtedness payable
<br />on demend and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attomeys' 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 autamatic stay or injunction►, appeals, and any anticipated past-judgment collection services, the cost of searching
<br />records, 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 Lender as set forth in this section.
<br />PQWERS AND OBLIGATIONS OF TRUST��. The following provisions relating to the powars and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In additian tp ell powers of Trustee arising as a matter of law, 7rustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustar: (a) join in preparing and filing a map ar plet of
<br />the Real Property, including the dedication of streets or other rights ta the public; (b) join in granting any easement or creating any
<br />restriction on tha Real Property; and (c) join in any subordination or other agreement affecting this Deed nf Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or �ny part of the Property, the Trustee shall have the right to fpreclose by notice and sale, and Lender
<br />shall have the right to foreclose 6y judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustea. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recnrded in the office of the recorder af HALL Cnunty,
<br />Stata af Ne6raska. The instrument shall contain, in addition to all nther matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this 4eed af Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknpwledged by all the beneficiaries under this Deed
<br />of Trust or their successars in interest. The successor trustee, without cpnveyance of the Property, shall succeed ta all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procadure fnr substitution of Trustee
<br />shall govern to the exclusion of al{ other prpvisions 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, end shall be effective when actually dalivered, when actually received by talefacsimile lunless otherwise
<br />required by law►, when deposited with a natinnally recognized 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 tnis Deed of Trust. All
<br />copies of noticas of foreclosure from the holder of any lien which has priority over this Deed of 7rust shall be sent to Lender's address, as
<br />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
<br />written notice to the othar parties, specifying that the purpose of the notice is ta change the party's address. For notice purpases, Trustor
<br />agrees to kesp Lender informed at all times of Trustor's current address. Unless otherwise provided or raquired by lew, if there is more
<br />than one Trustor, any notice given by Lander tn any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISION5. The fallawing miscellaneous provisions are a part of this Deed of 7rust:
<br />Amendments. This Deed of 7rust, together with any Related Documents, constitutes the entire understanding and agreemant af the
<br />parties as to the matters set forth in this Deed of Trust. No altarstian af or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party ar perties sought to be charged or bound by the alteratian pr amendment.
<br />Annual Reports. If the Property is used for purpnses other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net aperating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash sxpenditures made in
<br />connection with the operation of the Property.
<br />Caption Weadings. Gsption headings in this Deed of Trust are tor convenience purposes only and are not to be used to interpret or
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