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' � � DEED OF TRUST
<br />Loan No: 11089283 � (Continued) 2 012 0 0 0 8 G page 6
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligetions of Trustee
<br />are part of this Deed of Trust:
<br />Powers af Trustee. In eddition 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 and filing a map or plet of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granting any eesement or creating any restriction on the Real Property; and (c) join in any
<br />subardination or other egreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualificationa required for Trustee under appliceble 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 cese in
<br />eccordance 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 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 other
<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 name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Truat or
<br />their successors in interest. The successor trustee, without conveyence of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable 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 eny notice of default
<br />end any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile lunless otherwise required by lew), when deposited with e nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, es first class, certified or registered mail postage prepaid, directed to
<br />the addresses shown near the beginning of thia Deed of Trust. All copies of notices of foreclosure from the holder of
<br />eny lien which has priority over this Deed of Trust shall be sent to Lender's address, es shown near the beginning of
<br />this Deed of Trust. Any perty may change its addresa for notices under this Deed of Trust by giving formal written
<br />notice to the other parties, specifying thet the purpose of the natice is to change the perty's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provfded
<br />or required by law, if there is more than one Trustor, any notice given by Lender to any 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 />egreement of the perties as to the matters set forth in this Deed of Trust. No alteretion 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 other than Trustor's residence, Trustor shall furnish to
<br />Lender, upon request, a certitied statement of net operating income received from the Property during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Ception 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 at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Applicable Law. The Loen secured by this lien was made under a United States Small Business Administration
<br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United Stetes Is seeking
<br />to enforce this document, then under SBA regulations: (a) When SBA is the holder of the Note, this dooument and
<br />all documents evidencing or securing this Loan will be consuued in eccordance with federal law. (b) Lender or
<br />SBA may use local or stste pracedures for purposes such es filing papers, recording documents, giving notice,
<br />foreclosing liens, and other purposes. By using these procedures, SBA does.not waive eny federal immunity from
<br />local or state control, penalty, tax or liability. No Borrower or Guarentor mey claim or assert against SBA any local
<br />or state law to deny any obligation of Borrower, or defeet any claim of SBA with respect to this Loan. Any clause
<br />in this document requiring erbitration ia not enforceable when SBA is the holder of the Note secured by this
<br />instrument.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, Stete of Nebraske.
<br />No Waiver by Lender. Lender shell not be deemed to have waived any rights under this Deed of Trust unlesa such
<br />weiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with thet
<br />provision or any other provision of thia Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender end Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br />as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegel, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid end enforceable. If the offending proyision cennot be so modified, it shall be
<br />considered deleted from this Deed of Trust. Unlesa otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shell not affect the legality, validity or enforceability of any
<br />other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on traFlSfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust end the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption lews of the State of Nebraska as to ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
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