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DEED OF TRUST
<br />(Continued) 2 012 017 3� Page s
<br />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 ss prohibiting Lender from seeking a deflciency judgment against the
<br />Trustor to the extent such action is permftted by law.
<br />Electlon of Remedles. All of Lender's rfghts and remedies will be cumulative and may be exercised alone or together.
<br />If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's
<br />failure to do so, that d�ision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's
<br />remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and
<br />a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the flrst paragraph
<br />of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or actlon to enforce any of the terms of this Deed of Trust,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at fial and upon
<br />any appeal. Whether or not any court actlon is involved, and to the extent not prohibited by law, all reasonable
<br />expenses Lender incurs that in Lender's opinion are necessary at any ttme for the protection of its interest or the
<br />enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the
<br />Credit Agreemertt rete from the date of the expenditure until repaid. Expsnses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuft, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automaHc stay or injunctlon), appeals, and any anticipated post-judgment
<br />collectlon servic�s, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reporls, and appraisal feas, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trust�. Trustee shall have all of the rights and dutles of Lender as set forth in this sectlon.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligatlons of Trustee are
<br />part of this Deed of Trusr
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shali have the power to take
<br />the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing
<br />and flling a map or plat of the Real Property, fncluding the dedication of streets or other rights to the public; (b) join in
<br />grentlng any easement or creaHng any restriction on the Real Property; and (c) join In any subordination or other
<br />agreement affectlng this D�d of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trust� shall meet all qualifications required for Trustee under appUcable taw. In addition to the rights and
<br />remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by
<br />notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and
<br />to the full extent provided by applicable law.
<br />Successor Trust�. Lender, at Lender's option, may irom 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 r�orded in the oiflce
<br />of the r�order of Hall County, State of Nebraska. The instrument shall contain, in addition to all other matters required
<br />by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference)
<br />where this D�d of Trust fs recorded, and the name and address of the successor irustee, and the instrument shall be
<br />ex�uted and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The
<br />successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon
<br />the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
<br />exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Umitation any notica of default and any
<br />notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile
<br />(unless othenaise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when
<br />deposited in the United States mail, as first class, certifled or registered mail postage prepaid, directed to the addresses
<br />shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has
<br />prioriy over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any
<br />person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person
<br />or persons, specirying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees
<br />to keep Lender informed at alt times of Trustor's current address. Unless otherwise provided or required by law, if there is
<br />more than one Trustor, any notice given by Lender to any Trustor is deemed to be nofice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISC�LANEOUS 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 agreement with
<br />Lender concerning the matters covered by this Deed of Trust. To be eff�tive, any change or amendment to this Deed
<br />of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Captlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to
<br />interpret or define the provisions of this Deed of Trust.
<br />Merger. There shatl be no merger of the Interest or estate created by this Deed of Trust with any other interest or estate
<br />in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Goveming Law. Thls Deed of Trust will be govemed by federal lew epplicable to Lender and, to the extent not
<br />preempted by federel law, the laws ot the State of Nebraska wlthout regard to Its conflicts of law provlslons. Thls
<br />Deed of Trust has been eccept� by Lender in the State of Nebreska.
<br />No Walver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender
<br />has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Trustor will
<br />not have to comply with the other provisions of this Deed of Trust. Trustor also understands that if Lender does consent
<br />to a request, that does not mean that Trustor will not have to get Lender's consent again if the situation happens again.
<br />Trustor further understands that just because Lender consents to one or more of Trustor's requests, that does not mean
<br />Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severebillty. If a court flnds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by
<br />itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest
<br />of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or
<br />unenforceable.
<br />Non-Liabllliy of Lender. The relationship between Trustor and Lender created by this Deed of Trust is strictly a debtor
<br />and credftor relatlonship and not flduciary in nature, nor is the relationship to be construed as creating any partnership or
<br />joint venture betw�n Lender and Trustor. Trustor is exerc(sing Trustor's own judgment with respect to Trustor's
<br />busin�s. All informa�on supplied to Lender is for Lender's protection only and no other party is entitled to rely on such
<br />information. There is no duty for Lender to review, inspect, supervise or inform Trustor of any matter with respect to
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