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Loan No: 9U1234$81
<br />DE CD O nued ST 2 Q 1 � 0 0 3 6 2 page 6
<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 qocuments
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, frpm time
<br />to time and as often as may be deemed expedient by Trustee pr Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of 7rust shall be construed as prohibiting Lender from seeking a deficiency judgment against the 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 Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare 7rustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trus[or, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Peed of Trust be mailed tp them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender ins[i[u[es 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 reasonable as attorneys' fees at trial and upon any appeal. Whether or no# any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand 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 attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and axpanses for bankruptcy proceadings (including efforts tp modify or
<br />vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including fpreclosure 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 />POWERS AND 08LIGATIONS OF TRUS7EE. The following provisions relating to the powers and obligations ot Trustee are part of this
<br />Deed of 7rust:
<br />Powers of Trustee. In addition to all powers of 7rustee arising as a matter of law, Trustee shall have the ppwer tn teke the fnllowing
<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 to the public; (b) join in granting any easement or 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 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 any part of the Prpperty, the 7rustee shall have the right to tqreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with end to the full extent provided by applicable
<br />law.
<br />Successor Trustse. 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 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 of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where #his Deed of Trust is recnrded, 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 to all the titla,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure far su6stitution of Trustee
<br />shall govern to the exclusion of all pther provisions for substitution.
<br />NOTICES. Any notice required to be given under this l7aed af 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 />requirad by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Sta[es mail, as
<br />first class, certified or registered 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 of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal wriiten notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless o#herwise provided or required
<br />by law, if there is more than one Trustor, eny notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's respansibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVIStONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered 6y this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />wri[ing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are nvt to be used to interprst or
<br />define the provisions of this beed af Trust.
<br />Merger. There shall be no merger of the interest or estate created by this beed of Trust with any other interast or estate in the
<br />Prpperty at any time held by or fpr the benefit of Lender in any capacity, without the written consent of Lender.
<br />Govaming Law. This Deed of Trust will ba govemed by faderal law applicahle to Lender and, to the extent not prsempted by federai
<br />law, the laws of the State 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 />Chaice of Venue. If there is a lewsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
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