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Loan No: 1109364-3
<br />DEED OF TRUST
<br />(Continued)
<br />2Q120406ti
<br />Page 6
<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 until repaid. Expenses covered by this paragraph include,
<br />without limitation, however subject to any limits under applicable law, Lender's attomeys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuft, including attomeys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), 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, title 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 rfghts and duties of Lender as set forth in this secUon.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The foltowing 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 wlth respect to the Property upon the written request of Lender and Trustor. (a) join in
<br />preparing and flling a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) jofn in granting any easement or creating any restrictlon on the Real Property; �nd (c) join 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 notice 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 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 D�d of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shatl be executed and acknowledged by alt the beneflciaries 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 (n thfs Deed of Trust and by applfcable taw. This procedure for
<br />substitution of Trustee shall govem to the exclusion of all other provisions for substltution.
<br />NOTICES. Any notice required to be g(ven under this Deed of Trust, including without limitation any noUce of default
<br />and any notice of sale shall be gfven in writing, and shall be effective when aotually detivered, when actually received
<br />by telefacsimite (unless othervrise required by law), when deposited with a nationaliy recognized overnight cou�ier, or, if
<br />mailed, when deposited in the United States mail, as first class, certfied or registered mail postage prepafd, directed to
<br />the addresses shown near the beginn(ng of this Deed of Trust. All copies of notices of foreGosure 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 noUce is to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed at all tlmes 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 fs
<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 concerning 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 />Captlon 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 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 />Govarning 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 without regard to Its conflicts of law provlslons. 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 JurisdicUon of the
<br />courts of Hall County, State of Nebraska.
<br />Jolnt and Several Liability. 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 is
<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 sa in writfng. The fact that Lender delays or omits to exercise any right wilt 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 th(s 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 Trustor's future requests.
<br />Trustor wa(ves 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 will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court wfll
<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 unenforceable.
<br />Successors and Assigns. Subject to any limitatlons 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 successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Trustor, Lender, without noUce 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 />T(me is of the Essence. Time Is of the essence in the performance of thls Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all Mghts and beneflts of the homestead
<br />exempUon laws of the State of Nebraska as to alt Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneflciary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
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