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<br /> DEED �F TRUST
<br /> Loan N�: 11113D53 �Continued} Page �
<br /> cancurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue incansistent remedies. Nothin� in this Deed of Trust shall be construed as
<br /> prohibitin� Lender from seeking a deficiency jud�ment against the Trustar to the extent such actian is permitted by
<br /> law. Ele�tion by Lender to pursue any remedy shall not ex�lude pursuit of any other remedy, and an election to
<br /> make expenditures or to take actian to perform an obli�ation of Trustar under this Deed of Trust, after Trustor's
<br /> failure to perfarm, shall not affect Lender's right to de�lare a default and exer�ise its remedies.
<br /> Request for Notice. Trustar, on �ehalf of Trustar and Lender, hereby requests that a copy of any Notice of❑efault
<br /> and a copy of any Notice of 5ale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br /> paragraph of this Deed of Trust.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or actian to enforce any of the terms of this Deed of
<br /> Trust, Lender shall be entitled to re�o�er such sum as the court may adjudge reas�nable as attorneys' fees at trial
<br /> and upon any appeal. WVhether or not any court actian is in�ol�ed, and to the extent not prohibited by law, all
<br /> reas�nable expenses Lender incurs that in Lender's opinion are ne�essary at any time for the pratectian of its
<br /> interest or the enforcement of its rights shall be�ome 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 �o�ered by this paragraph include,
<br /> without limitation, howe�er subject to any limits under appli�able law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, includin� attorneys' fees and expenses for bankruptcy pro�eedings
<br /> (including efforts to madify or�acate any autamatic stay or injunctian}, appeals, and any anticipated post-jud�ment
<br /> callectian ser�ices, the cost of sear�hing records, o�tainin� title reports (including foreclosure reports}, sur�eyars'
<br /> reparts, and appraisal fees, title insuran�e, and fees far the Trustee, to the extent permitted by appli�able law.
<br /> Trustar als�will pay any court costs, in addition to all ather sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e all of the rights and duties of Lender as set forth in this sectian.
<br /> P�WERS AND QBLIGATIQNS�F TRl15TEE. The following pro�isions relatin� to the pawers and o�li�ations of Trustee
<br /> are part of this Deed of Trust:
<br /> Powers of Trustee. In addition to all pawers of Trustee arising as a matter of law, Trustee shall ha�e the pawer to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustar: �a7 join in
<br /> preparing and filing a map or plat of the Real Property, includin� the dedication of streets or other rights to the
<br /> public; �b} join in �rantin� any easement or creatin� any restrictian on the Real Property; and (�} join in any
<br /> su�ordination 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 appli�able law. In addition to the rights
<br /> and remedies set forth abo�e, with respect to all or any part of the Property, the Trustee shall ha�e the right to
<br /> foreclose by natice and sale, and Lender shall ha�e the right to foreclose by judicial foreclosure, in either �ase in
<br /> a��ordan�e with and to the full extent pro�ided by appli�able law.
<br /> 5uccessar Trustee. Lender, at Lender's aptian, may from time to time appoint a su��essor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument exe�uted and acknov+►led�ed by Lender and re�orded in the
<br /> office of the re�order of Hall County, State of Nebraska. The instrument shall cantain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustar, the �ook and page (or
<br /> computer system referen�e} where this Deed of Trust is recorded, and the name and address of the su��essor
<br /> trustee, and the instrument shall be exe�uted and acknov+►led�ed by all the �enefi�iaries under this Deed of Trust or
<br /> their su��essors in interest. The su��essor trustee, without �on�eyan�e of the Property, shall su��eed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by appli�able law. This pro�edure for
<br /> substitutian of Trustee shall go�ern to the exclusion of all other pro�isions for substitution.
<br /> N�TICES. Any natice required to be gi�en under this Deed of Trust, includin� without limitatian any natice of default
<br /> and any natice of sale shall be gi�en in writing, and shall be effecti�e when actually deli�ered, when actually re�ei�ed
<br /> by telefacsimile tunless❑therwise required by law},when deposited with a nationally re��gnized o�erni�ht courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shawn near the beginning of this Deed of Trust. All �opies of notices of foreclosure from the holder of
<br /> any lien which has priority o�er this Deed of Trust shall be sent to Lender's address, as shawn near the beginning of
<br /> this Deed of Trust. Any party may �hange its address for notices under this Deed of Trust by �i�in� farmal written
<br /> natice to the other parties, specifyin� that the purpose of the natice is to �hange the party's address. For natice
<br /> purposes, Trustar agrees to keep Lender informed at all times of Trustor's current address. Unless ❑therwise pro�ided
<br /> or required by law, if there is more than �ne Trustar, any natice gi�en by Lender to any Trustar is deemed to be natice
<br /> gi�en to all Trustars.
<br /> IVIISCELLANE�US PRQVISIQNS. The following mis�ellaneous pro�isions are a part of this Deed of Trust:
<br /> Amendments. This Deed of Trust, to�ether with any Related ❑ocuments, canstitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. N� alteration of or amendment to this
<br /> Deed of Trust shall be effecti�e unless gi�en in writing and signed by the party or parties sou�ht to be �harged or
<br /> bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residen�e, Trustar shall furnish to
<br /> Lender, upon request, a certified statement of net operating in�ome re�ei�ed from the Property during Trustor's
<br /> pre�ious fiscal year in such form and detail as Lender shall require. "Net operating incame" shall mean all �ash
<br /> receipts from the Property less all �ash expenditures made in connection with the operation of the Property.
<br /> Captian Headings. Caption headings in this Deed of Trust are for �on�enien�e purposes only and are not to be
<br /> used to interpret or define the pro�isions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate�reated 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 /> Go�erning Law. This Deed of Trust ►n►ill be gaWerned 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 pro�isions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustar agrees upon Lender's request to submit to the jurisdictian of the
<br /> caurts of Hall County, State of Nebraska.
<br /> Joint and SeWeral Liability. All o�li�ations of Trustar under this Deed of Trust shall be joint and se�eral, and all
<br /> referen�es to Trustar shall mean ea�h and e�ery Trustar. This means that ea�h Trustar signing belaw is
<br /> responsible for all o�li�ations in this Deed of Trust.
<br /> No INaiWer by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wai�er is gi�en in writing and signed by Lender. N� delay or omission on the part of Lender in exer�ising any right
<br /> shall operate as a wai�er of such right or any other right. A wai�er by Lender of a pro�ision of this Deed of Trust
<br /> shall not prejudi�e or constitute a wai�er of Lender's right ❑therwise to demand strict �omplian�e with that
<br /> pro�ision or any other pro�ision of this Deed of Trust. N� prior wai�er by Lender, nor any �ourse of dealing
<br /> between Lender and Trustar, shall constitute a wai�er of any of Lender's rights or of any of Trustor's o�li�ations
<br /> as to any future transactians. Whene�er the consent of Lender is required under this Deed of Trust, the �rantin�
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