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' '' � ' DEED OF TRUST
<br />Loan No: 101243548 (Continued) 2 0 9.10 6 6 5 8 Page 8
<br />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 Trustee's or Lender's right to realize upon or enforce eny other security now or hareafter held by
<br />Trustee or Lender, it being agreed that Trustee end Lender, and each of them, shall be entitled to enforce this Deed
<br />of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner es they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of eny other remady in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shell be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Releted
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shell be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Trustor, on bahalf of Trustor and Lender, hereby requests that a copy of any Notice of Defeult
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them et the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; F�cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shell be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial
<br />and upon any appeal. Whether or not any court ection is involved, and to the eutent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness peyable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include,
<br />without limitation, however subject to any limits under appliceble law, Lender's attorneys' fees and Lender's legel
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reportsl, surveyors'
<br />reports, and appraisal fees, title insurance, end fees for the Trustee, to the extent permitted by eppliceble lew.
<br />Trustor also will pay any court costs, in addition to all other sums providad by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender es set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions releting to the powers end obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as e metter of law, Trustee shell have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing end filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Real Property; and (c1 join in any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under epplicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all othar
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the neme and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficieries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust end by applicable lew. This procedure for
<br />substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of defeult
<br />and any notice of sale shall be given in writing, and shell be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepeid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to chenge the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice
<br />given to all Trustors.
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