DEED OF TRUST
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<br />and efther of them may pursue inconsistent remedfes. Nothing in this Deed of Trust shall be consUued as
<br />prohibiUng Lender from seeking a deflciency judgment against the Trustor to the extent such action ts permitted by
<br />law.
<br />Election of Ramedies. All of Lender's rights and remedies will be cumulaUve and may be exercised alone or
<br />together. If Lender decides to spend money or to pertorm any of Trustor's obligations under this D�d of Trust,
<br />after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default
<br />and to exercise Lender's remedies.
<br />Request for NoUce. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the flrst
<br />paragraph of this Deed of Trust.
<br />Attomeys' Fees; Expenses. If Lender insUtutes any suit or action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entiUed to recover such sum as the court may adjudge reasonable as attomeys' fees at Mal
<br />and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, ail
<br />reasonable expanses Lender incurs that in Lender's opinion are necessary at any tlme for the protection of fts
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure untft repaid. Expenses covered by th(s paragraph include,
<br />without limitation, however subject to any limits under applicable law, LendePs attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsu(t, including attomeys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or inJunetlon), 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, tiUe 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 OBUGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are 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 and 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 (c) join in any
<br />subordination or other agreement affecUng this Deed of Trust or the interest of Lender under this Deed of Trust
<br />Trustee. Trustee shall meet all quaUflcaUons required for Trustee under applicable law. In addRion to the rights
<br />and remedfes set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by noUce and sale, and Lender will 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 opUon, may from time to time appoint a sucxessor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />o�ce of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addftion to all other
<br />matters required by state law, the names of the origfnal Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this D�d 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, w(thout conveyance of the Property, shall succeed to all the
<br />title, power, and duties confened upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shalt govern to the exclusion of all other provisions for subsUtution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any noUce of default
<br />and any notice of sale shall be given in writing, and shall be effective when actualty delivered, when actually received
<br />by telefacsimile (unless othervvise required by taw), when deposfted with a nationally recognized overnight courier, or, if
<br />maited, 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 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 person may change his or her address for notices under this Deed of Trust by giving formal
<br />written noUce to the other person or persons, specifying that the purpose of the notice (s to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br />otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to ail Trustors. It will be Trustors responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this D�d of Trust:
<br />Amendments. What is written in this D�d of Trust and in the Related Documents is Trustor's entire agreement
<br />with Lender concerning the matters covered by this Deed of Trust To be effective, any change oc amendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<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 wkh any other interest or
<br />estate in the Property at any tlme held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust wlll be govemed by federal law applicable to Lender and, to the eutent not
<br />preempted by federal law, the laws of the State of Nebraska wRhout regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska.
<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, State of Nebraska.
<br />Jolnt and Several Liabillty. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br />several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Trustor signing below Is responsible for all obligations in this Deed
<br />of Trust
<br />No Waiver 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 wriUng. The fact that Lender delays or omits to exercise any right will not mean that
<br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br />mean Trustor will not have to comply with the other provisions of this D�d of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situaUon happens again. Trustor further understands that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br />Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severabtlity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
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