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DEED OF TRUST �� i �p p g G 9 G <br />Loan Na: 1Q12�7326 (ContlnUeCl) Page 7 <br />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 <br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time <br />to time and as often as may be deemed expedient by 7rustee or Lender, and either of them may pursue inconsistent remedies. <br />Nothing in this Deed af Trust shall be cpns#rued as prphi6iting Lender from seeking a daficiency judgment against the Trustor to the <br />extent such action is permitted by law. Election by Lender to pursue any remedy shall not explude pursuit of any other remedy, and <br />an electinn 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 aftect Lender's right to declare a default and exercise its remedies. <br />Request for Notiae. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and e 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 Deed of Trust. <br />Attorneys' Fees; �xpenses. 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 reasanable as attorneys' fees at trial and upon any appeal. Whether or not any <br />cpurt actipn is invalved, and to the extant npt prphibited by law, all reasonable expensas Lender incurs that in Lendar's opinipn are <br />necessary at any time for the protection qf its interest or the enforcement of its rights shall become a part of the Indebtadness payable <br />on demand and shall bear interest at the No#e rate from the date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under appliceble lew, 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 />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching <br />records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the <br />Trustas, to the extent permittad by applicable law. Trustar also will pay any court costs, in addition to all other sums provided by <br />law. <br />Rights of Trustea. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND 08LIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this <br />beed of 7rust: <br />Powers of Trustee. In addition to all powers of Trustee arising es a matter of law, Trustee shall have the power to taka the following <br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of <br />the Real Property, including the dedication of streets or other rights ta the public; (b) join in granting any easem�nt ar creating eny <br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed af Trust or the interest of <br />Lender under this Deed of Trust. <br />Trustee. Trustee shall meet all qualifications required for Trustes under applicable law. In addition tp the rights and remadies set <br />forth above, with respeck to all or any part of the Prpperty, the Trustae shall have the right to foreclnse by notice and sale, and Lender <br />shall 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 TrusYee. 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 6y Lender 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 ot the original <br />Lender, Trustee, and Trustor, the book and page (or computer 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 by all the beneficiaries under this Deed <br />of Trust or their successors 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 ta #he exclusion ot all oth�r provisions for substitution, <br />NpTICES. Any notice required to be given under this Deed ot 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 telefacsimile (unless otherwise <br />required by law►, when deposited with a nationelly recognized avernight 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 baginning af this Deed 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 baginning of this beed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal <br />written notice to the other parties, specifying that the purpvse of the notice is to change the party's address. For notice purposes, Trustor <br />agrees to keep Lender informed at all times pf Trustar's current address. Unless otherwise provided or required by law, if there is more <br />than one Trustor, any notice given by Lender to any Trustor is deemed to 6e notice given to all Trustors. <br />MISCELLANEOUS PROVISIONS. The tallowing miscellaneous provisions are a part of this Deed of 7rust: <br />Amendmants. This Daed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the <br />parties as to the matters set forth in this Deed of "frust. No alteration of or amendment to this Deed of Trust shall be effective unless <br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Annual Reports. If the f'roperty is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a <br />certified statement pf net operating income received from the Property during Trustor's previous fiscal year in such form snd detail as <br />Lender shall require. "Net operating income" shall maan all cash receipts from the Property less all cash expenditures made in <br />connection with the operation of the Property. <br />Caption Weadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or <br />define the provisions of this Deed of Trust. <br />Merger. There shall be no merger of the interest or estate created by this beed of Trust with any ather interest or estate in the <br />Property at any time held by or for the benefit of Lender in any capacity, wi#hout the written consent of Lender. <br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to tha extent not preempted by federal <br />law, the laws of the StaYe of Nebraska without regard to its conflicts pf law provisions. This Deed of Trust has been accepted 6y <br />Lender in the State of Nebraska. <br />