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Loan No: 11093583
<br />DEED OF TRUST
<br />(continued) 2 012 0 5 71 � 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 />wlthout limitation, however subject to any Iimits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a tawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modiy or vacate any automatic stay or injunction), appeals, and any anticipated post )udgment
<br />coilection 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 alt of the rights and dutles of Lender as set forth in this se�tion.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligaUons 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) jofn 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 tn granting any easement or creaUng any restriction on the Real Property; and (c) join in any
<br />subordination or other agreement affecting this D�d 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 addi�on to the rights
<br />and remedies set forth above, with respect to all or any part of the Properly, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender will have the right to foreclose by judiciai foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to tfine 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 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 sucxessors in interest. The successor trustee, without conveyance of the Properly, shall succeed to all the
<br />title, 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 exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dced of Trust, including without IimRation any notice of default
<br />and any notice of sale shall be gNen in wrfting, and shall be effective when actually delivered, when actually rec:eNed
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally rec�gnized ovemight courier, or, if
<br />mailed, when deposited in the Unfted States mail, as flrst class, certifled or registered mail postage prepaid, direded to
<br />the addresses shown near the beginning of this �ed of Trust. All copies of notices of foreclosure from the holder of
<br />any Ifen which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beg(nning of
<br />this Deed of Trust. Any person may change his or her address for noUces under thfs Deed of Trust by giving formal
<br />written 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 k�p 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 gNen by Lender to any Trustor fs
<br />deemed to be notice given to all Trustors. It wiil 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 />Amendmen4s. Wha4 is written in this Deea1 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 writ(ng and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />CapUon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or deflne 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 beneflt of Lender in any capacity, wlthout the written consent
<br />of Lender.
<br />Governing 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 Nebreska without 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 submft to the jurisdictlon of the
<br />courts of Hall Courrty, State of Nebraska.
<br />Joint and Several Llability. 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 Watver by Lender. Trustor understands Lender will not give up any of Lender's rights under thls 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 LendePs rights, that does not
<br />mean Trustor will not have to comply wtth the other provisions of this Dced 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 TrustoPs future requests.
<br />Trustor waives presentrnent, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court flnds 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 Trus4 will not be valid or enforc�. Thenefors, -a court will
<br />enforoe the rest of the provisions of this Deed of Trust even ff a provision of this Deed of Trust may be found to be
<br />invalid or unenforoeable.
<br />Successors and Assigns. Subject to any Iimitations stated in this Deed of Trust on transfer of Trustors interest,
<br />this Deed of Trust shall be binding upon and inure to the beneflt 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 Ifability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Walver of Homestead Exemptlon. Trustor hereby releases and waives all rights and beneflts of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secur� by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneflciary. The word "Beneflciary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
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