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<br />DEED OF TRUST
<br />(Continued►
<br />Page 6
<br />without limitetion, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is e lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any eutomatic stay or injunction), appeals, and any anticipated post )udgment
<br />collection services, the cost of searching records, obtaining title reports (including foreclosure reports), aurveyors'
<br />reports, and eppraisel fees, titie 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 a!1 of tha rights and duties of Lender es set forth in this section.
<br />POWERS AND OBLIGATIOMS OF TRUSTEE. The following provisions relating to the powers end obligetions 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 lew, Trustee shall heve 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 Reai Property; and (c) join in any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lertder urtder this Deed of Truat.
<br />Trustee. Trustee shatl 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 7rustee 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 />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, et Lender's optton, mey from time to time appolnt 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 afl other
<br />matters required by stete law, the names of the original Lender, Trustee, end Trustor, the book end page (or
<br />computer system referenca) where this Dead of Trust is recorded, and the neme 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 />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable lew. 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 fimitation 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 required by law), when deposited with a nationelly recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail poatage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure ftom the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as ahown near the beginning of
<br />this Deed of Trust. Any party mey change its address for notices under thia Deed ot 7rust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to chenge the party's address. For notice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor's current eddress. Unless otherwise provided
<br />or required by lew, if there is more than orte 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 pert of this Deed of Trust:
<br />Amendmer�ts. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No a(teration of or emendment to this
<br />Deed of Trust shall be effective untess given in writing and signed by the party or parties sought to be charged o�
<br />bound by the elteration 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 certified statement of net operating income received ftom the Property during Trustor's
<br />previaus tiscal 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. Caption headings in this Deed of Trust ere for convenience purposes only and are not to be
<br />used to interpret or define the provisio�s 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 eny capecity, without the written consent
<br />of Lender.
<br />Goveming Lew. This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal lew, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been eccepted by Lender in the Stete of Nebraske.
<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 />No Waiver by Lender. Lender shell not be deemed to have weived any rights under this Deed of Trust unless such
<br />waiver 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 that
<br />provision or any other provlsion of this Deed of Trust. No prior waiver by Lender, nor eny course of dealing
<br />between Lender and Trustor, shall constitute a weiver of any of Lender's rights or of eny 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 ell cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegel, invatid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalld, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modtfisd, it shalt be
<br />considered deleted from this Deed of Trust. Unless otherwise required by law, the illegelity, invalidity, or
<br />unenforceability of any provision of this Deed of Trust shall 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 transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successora 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 tfiis 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 performance of this beed of Truat.
<br />Waive Jury. All perties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
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