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Loan No: 110'9353-3
<br />DEED OF TRUST
<br />(continued) 2 012 0 2 9 7�J- Page 6
<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 />Attorneys' Feas; Expenses. If Lender institutes any suit or acUon to enforce any of the terms of this Deed of
<br />Tnist, Lender shall be entiUed to recover such sum as the court may adjudge reasonable as attomeys' fees at trial
<br />and upon any appeal. Whether or not any court a�tlon is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of fts 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 expendfture until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any Iimits under applicable law, Lender's attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsutt, including attomeys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automaUc stay or injunction), appeals, and any anticipated post judgment
<br />collection services, the cost of searching records, obtafning tiUe reports (including foreclosure reports), surveyors'
<br />reports, and appralsal 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 TRU3TEE. The following prov(sions relating to the power�s 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 dedicatfon of streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Real Praperty; and (c) jofn 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 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 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 tlme to Ume 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 />office of the recorder of Hall County, State of Nebraska. The instrument shall contaln, 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 Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />tiUe, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govem to the exctusion of all other provisions for substitutlon.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitatlon any notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise requ(red by law), when deposfted with a natlonally recognized ovemight courier, or, if
<br />mailed, when deposited in the United States mait, as first class, certifled or registered mait postage prepafd, 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 />wrftten notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed at all Umes of TrustoPs current address. Unless
<br />othervvise 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 all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS 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
<br />with Lender concemfng the matters covered by this Deed of Trust To be effective, any change or 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 thfs Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or deflne the provisions of this D�d 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 beneflt of Lender in any capacity, without the written consent
<br />of Lender.
<br />Govemfng Law. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska wtthout regard to Its conflfcts of law provislons. 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 jurisdfction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liabllity. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below (s
<br />responsible for all obligations in this Deed 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 writing. 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 Deed 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 situation 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 TrustoCs future requests.
<br />Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br />fact by itself witt not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provfsion of this Deed of Trust may be found to be
<br />invalid or unenforceabie.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shatl be bindfng 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 and 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 pertormance of this Deed of Trust.
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