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DEEDOFTRUST �O��0��7`?' <br />�, , (Continued) Page 5 <br />a , �' . , <br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it <br />being agreed that Trus'tee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and eny other security now or <br />hereafter held by Lander 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 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 eddition 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 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, mey be exercised, concurrently or independently, from time <br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent 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. <br />Election of Remedies. All of Lender's rights end 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 ot Trust, after Trustor's failura to do so, that <br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remadies. <br />Request for Notica. Trustor, on behelf of Trustor end Lender, hereby requests that a copy of any Notice of Default and a copy of any <br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragreph of this Deed of Trust. <br />Attorneys' Fees; Expenses. If institutes any suit qr action to enforce any of the terms qf this Deed of Trust, Lender shell be <br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upora any appeal. Whether or not any <br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs thet in Lender's opinion are <br />necessary at any time for the protection of its intereat or the enforcement of its rights shali 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 aubject to any limits under applicable law, Lender's attorneys' fees end Lender's legal expenses, <br />whether or not there is a lawsuit, including ettorneys' fees and expenses for benkruptcy proceedings (including efforts to modify or <br />vacate any automatic stay or injunctionl, appeals, and any anticipeted post-judgment collection services, the cost of searching <br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, titla insurance, and fees for the <br />Trustee, to the extent permitted by appiicable law. Trustor also will pay any court costs, in addition to all othar sums provided by <br />law. <br />Rights of Trustee. Trustee shell have all of the rights end duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this <br />Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shell have the power to take the following <br />actions with respect to the 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 or other rights to the public; (b) join in granting any easement or creating any <br />restriction on the Real Property; end (c) join in any subordinatlon 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 eddition to the rights and remedies set <br />forth above, with respect to all or any pert of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender <br />will have the right to foreclose by judiciel foreclosure, in either case in accordance with and to the full extent provided by epplicable <br />law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustae appointed under <br />this Deed of Trust by en instrument executed end acknowledged by Lender and recorded in the office of the recorder ot Hall County, <br />State of Nebraska. The instrument shall contein, in addition to all other matters required by state law, the names of the original <br />Lander, 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, shell succeed to all the title, <br />power, and duties conferrpd upon_the Trustee in this Deed of Trust and by,epplicable law. This �irocedure for substitution of Trustee <br />shall gove'rn to the exclusit�n of all other provisions fot substitution. <br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation eny notice of default and any notice of <br />sele shell 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 nationally 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 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 ahall 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 written notice to the other person or persons, specifying that the purpose of the notice is to change the person's eddrass. 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 Trustor is deemed to be notice given to all Trustors. It will be <br />Trustor's responsibility to tell the others of the notice from Lender. <br />ADDITIONAL COLLATERAL. In addition to any other interest in Collateral granted herein, Grantor hereby grents Lender rights to end a <br />continuing security interest in eny and all of Grantor's deposit accounts, including, but not limited to all demand, time, savings, passbook, <br />and similar deposit accounts held now or in the futura by Grantor in Lender's finenciel institution, or maintained at another bank. If the <br />deposit accounts ere maintained with another bank, Grentor, Lender end said bank will enter into a duly executed control agreement on <br />terms and conditions acceptable to Lender. <br />MISCELLANEOUS PROVISIONS. 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 agreament with Lender <br />concerning the matters covered by 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 whoever will be bound or obligeted by the change or amendment. <br />Caption Headings. 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 marger of the interest or estate created by this Deed of Trust with any other interest or estate in the <br />Property at any time held by or for the benefit of Lender in eny capacity, without the written consent of Lender. <br />Governing Law. This Deed of Trust wlll be governed by federal law appllcable to Lander and, to the �utent not preempted by fedaral <br />law, the laws of tha State of Nebreske without regard to its conflicts of law provisions. This Deed of Trust has been accepted by <br />Lender in the State of Nebraska: <br />Choice of Venue. If there is a lewsuit, Trusto� egrees upon Lender's request to submit to the jurisdiction of the courts of Lancaster <br />County, State of Nebraska. <br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all <br />references to Trustor shell mean each and every Trustor, end all referances to Borrower shall mean each and every Borrower. This <br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does <br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender <br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions <br />of this Deed of Trust. Trustor also understends thet 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, ihat does not mean Lender will be required to consent to any of Trustor's future requests. Trustor <br />weives presentment, demand for payment, protest, and notice of dishonor. <br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not <br />