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<br /> C3E�D �F TRUST"
<br /> �Cont�nu�d} Page 7
<br /> atherw�se entitled, may be exercised, cancurrently or indep�ndent�y, fram time to tim� and as o�ten as may be
<br /> deemed expedient by Trustee or Lender, and either of them may pursue in�onsistent remedies. Nothing in this
<br /> Deed ❑f Trust shal! lae construed as prahibiting Lender frorn seeking a de�i�iency judgment against the T�ustor to
<br /> the exten�t such act�on is permi�ted hy law.
<br /> Ele�tion af Remedies. Ali of Lender's rights and remedtes will be cumulati�e and may be exer�ised afone or
<br /> toge�her, ffi Lender decid�s to spend money o� �a perform any of Trust�r's ❑�ligatians under this Deed �f Trus�,
<br /> after Trustar's fai�ure t❑ do so, that de�is�on by Lend�r will na� affect Lender's right t❑ declare Trustar in de�ault
<br /> and to �xerc�se Lender's remedies.
<br /> Reques�for Nvt�ce. Trustar, on behalf o-F Trustor and Lender, hereby�equests that a copy o-�any Nati�e ❑f D�fault
<br /> and a copy o�any Noti�� of 5ale under this Deed o�Trust be mailed �o �hem at�he addresses set farth in th� firs�
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. I� Lender institu�Es any su�t ❑r ac�ion to enfior�e any af the terms of this D�ed of
<br /> Trust, Lender shall be entitled to recn�er su�h sum as �the cour� may adjudg� reasonahle as attorneys' fiees at tr�a�
<br /> and upon any appeal. V11he�her or not any court a�tion is in�a��ed, and to the extent n�t prahibited hy law, a�i
<br /> reasonab�e expenses L�nde� incurs -that in Lendcr's opinion are n�cessary a� any time fo� the pra�ectian of its
<br /> interest or the enforcement of its rights shall become a part❑�the Indebtedness payab�e on demand and shall bear
<br /> �nteres� at the Credit Agreement ra�� �ram �he date �f �he expendi�ure until repa�d. Expenses co�ered by this
<br /> paragraph inc�ud�, w�thout limitation, howe�er subject �❑ any limits under applicable law, Lende�'s a�torneys' fees
<br /> and Lender's �egal expenses, whether or not there is a lawsuit, including attDrn�ys' fees and expenses fQr
<br /> bankruptcy pra�eedings �incl�ading e�forts fio modify or �aca�e any automatic stay or injunction}, appeals, and any
<br /> anticipated post-judgment collection ser�ices, the �ost of search�ng recards, ohtain�ng ti��e reports {including
<br /> �oreclasure repo�tsy, sur�eyars` reparts, and appraisa� fees, title insurance, and �ees far the Trustee, to �he exten�
<br /> permitted by applicahle law. Trustor a�so will pay any cour�cos�s, in additian�to all other sums pro�ided by law.
<br /> Rights af Trus#ee. Trustee shall ha�e aIi ❑f�he righxs and duties o�Lender as set farth in this section.
<br /> P�INERS AND ��LIGATIC]NS DF TRUSTEE. The fa�lowing pro�isions rela�ing �a the pawers and obligatians ofi Trustee
<br /> are part af�his ❑eed �f Trust: �
<br /> Powers of Truste�. �n addition ta all powers of Trust�e arising as a mat�er o�law, Trustee shall ha�e the pawer to
<br /> take the foil�wing actions w��h respec�to the Property upon the written reques� ot Lender and T�ustor� ta� join in
<br /> preparing and f�iing a map ar plat ❑f the Rea� Property, including the dedicat�on of streets ar ❑ther rights to the
<br /> public; �b� join in grant�ng any easement or �reating any r�striction �n the Real Property; and �c} jain in any
<br /> su�ardination or other agr�ement affecting this Deed of Trust or the interes�of Lender under this Deed of Trust.
<br /> Trustee. T�ustee shalE meet all qual�fica�ians required f�� Trustee under app�icab�e law. In additifln ta the rights
<br /> and remedies set forth abo��, wi�h respect �� all ❑r any part of the Praperty, tne Trustee shall ha�e the righ� t�
<br /> forecl�se by noti�e and sale, and Lender wi�l ha�e �he right ta �Foreclose �y judicia! foreclosure, in either case in
<br /> acc�rdanGe w�th and to the full extent pro�ided by applfcab�e law.
<br /> 5uccessor Trustee. Lender, at Lender's optian, may �rom time to time appoinf a successor Trus#ee to any Trust�e
<br /> appainted under th�s Deed of Trust by an instrument executed and acknowledged by Lender and recarded in the
<br /> offi�e Q� the re�order of HALL �ounty, 5tate o# Nebraska. The instrument shall �onta�n, in additian to all ❑ther
<br /> mat�ers required by s�a�e law, the names of the original Lender, Truste�, and Trus�o�, the book and page �or
<br /> cflmputer system reference7 where �his Deed of Trus� is reco�ded, and -the name and address of the su�cessor
<br /> trustee, and the �nstrument shall be executed and a�knowledged by a11 the beneficiaries under this Deed of Trust ot'
<br /> thei�- successors in interest. The successor trus�ee, without con�eyance ❑� �he Property, sha�l succ�ed to a�l the
<br /> ti�le, powe�, and du�ies con#erred upon#he Trustee in this ❑�ed of Trust and by appl�cable law. This procedure for
<br /> su�s�titution af Trustee shali go�ern to the exc9usion of all other pro�isions for substitu�ion.
<br /> N�T�CES, Any natice required ta be gi�en under �his De�d of Trust, including withau� limi�tation any no�ice o� defaul�
<br /> and any notice of sale sha�l be gi�en in writing, and shall be ef#ecti�e when actually deli�ered, when actua�ly r�cei�ed
<br /> by t��efacsimile (unless oth�rwise required by �awy, wh�n deposited with a natianally recognized o�ernight courier, or, i�
<br /> mailed, when deposi-ted in the Uni�ed Sta�es mail, as �irst class, certf�ied or registered maii pastage prepaid, d�rect�d to
<br /> �he addresses shown near �he beg�nning of this ❑eed of Trust. A�! copies of noti�es o� foreclosure from the holder of
<br /> any �ien which has priority over �his Deed of Trust shal( be sent t� Lender's address; as shawn near the beginning of
<br /> this ❑eed o� Trust. Any person may change his or her address for notices under �his fleed of Trust by gi�ing formal
<br /> writ�en notice t❑ th� ather person or persons, speci�ying that the purpose of the notice is to change �the person's
<br /> address, For notice purpases, Trus�or agrees to keep Lender in#armed at a�� times ❑f Trustor's current address. Unless
<br /> otherwise pro�ided or required by law, �fi there is mare fihan one T�ustor, any no�ice gi�en by Lender to any Trustor is
<br /> deemed t❑ be natice gi�en t❑ all Trustors. It wili b�Trustar's respansibility to tell the o�hers o�the no�ice from Lende�.
<br /> M�SCELLANE�US PRaV15iaN5. The fallowing miscellaneous pro�isi�ns are a par�o�this D�ed ❑�Trust:
<br /> . �Amendments. What is writ��n in this Deed a'F Trust and in the Related Documen�s {s Trus�tor's entire agreement
<br /> with Lender concerning �h� matters co�ered by�this ❑eed o� Trust. T❑ be �f�e�ti��, any change or amendment t� �
<br /> this Deed of Trust mus� be in writing and must be signed by whoe�e� will be bound or obliga�ed hy the change or
<br /> amendment.
<br /> Captivn Headings. Cap�ion headings in this ❑eed ❑f Trusfi are for con�enience purpases only and are n�t ta be
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