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DEED OF TRUST
<br />� �� lcontin��d) 2 0110 9 4 9� page 6
<br />this Deed of Trust may now or hereafter be otherwise secured, whether by mortgege, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court
<br />action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />menner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by
<br />Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shell 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 as they or
<br />either of them may in their ebsolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but
<br />each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or
<br />hereafter existing et lew or in equity or by statute. Every power or remedy given by the Note or any of the Reiated
<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 es often as mey be deemed expedient by Trustee or Lender,
<br />end either of them mey pursue inconsistent remedies. Nothing in this Deed of Trust shall 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 shell not exclude pursuit of any other remedy, and en election to
<br />make expenditures or to take action to perform an obligetion of Trustor under this Deed of Trugt, after Trustor's
<br />failure to perform, shell not affect Lender's right to declare a default and exercise its remedies.
<br />Request for'Notice. Trustor, on beF�lf of Trustor and Lender, hereby requests�that a copy of any Notice of Default
<br />end a copy of eny Notice of Sale under this Deed of TrusY be m�(led to therri at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall 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 action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessery at any time for the protection of its
<br />interest or the enforcement of its �ights shall become a part of the Indebtedness payable on demand end shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paregraph include,
<br />without Iimitation, however subject to any limits under appticable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lewsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate eny automatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition to all other sums provided by 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 OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />ere part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall 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 e 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 restr(ction on the Real Properry; and (c) join in any
<br />subordination or other agreement effecting 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 applicable 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, end Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by epplicable 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 e'nd acknowledged by Lender and r�corded 'in the
<br />office of the recorder of Hall County, State of Nebreska. The instrument shall contain, in addition to all other
<br />matters required by state law, the nemes of the original Lender, Trustee, and Truator, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneflciaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyence ot the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust end by appliceble law. 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 default
<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 e nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreciosure 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 change the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all timea of Trustor's current address. Unless otherwise provided
<br />or required by law, if there is more then one Trustor, any notfce given by Lender to eny Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the perties as to the matters set forth in this Deed of Trust. No alteratfon of or amendment to this
<br />Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes otlier than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certified statement of net operating income recefved from the Property during Trustor's
<br />previous fiscel year in such form end detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cc�sh expenditures made in connection with the operation oP the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of�Trust with any other interest or
<br />estate in the Property et eny time held by or for the benefit of Lender in eny capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be govemed by federal law appllcable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraske.
<br />Choice of Venue. If there is e lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />court5 of Buffalo County, State of Nebraska.
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