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2� 1 ��2778
<br /> DEED �F TRUST
<br /> �Cont�nued� Page 7
<br /> public; 4b} jain in gran�ing any �asement or creating any restriction on the Rea( Prvper�y; and tc� join in any
<br /> su�ordinativn or other agreement affec�ing this Deed af Trust or the infier�st af Lender under this Deed of Trust.
<br /> Trus�ee, Trustee shall meet a�� qualifications requir�d �or Trustee under appli�able �aw. In add€tian to �he r�ghts
<br /> and remedies set forth above, with respect to all ❑r any part af th� Property, the T�ustee shall ha�e �he right ta
<br /> fareclose by notice and sale, and Lender shall ha�e the right to �orecfose by judicia[ fore�losure, in ei�her case in
<br /> accordance with and to the fu[� ex�ent pr�v�ded by appl'€cak�i� law.
<br /> Successor Trus�ee. Lender, at Lender's aptian, may f��m time to time appaint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust �y an ins�rument execu�ed and acknovvledged by Lender and re�orded in the
<br /> offiCe a� the recorder of Hall County, State of N��raska. The �nstrumen� sha�l cantain, in addition to a�l ather
<br /> matters required by state law, �he names �f the original Lender, Trus�e�, and Trus�or, the book and page �or
<br /> computer system referenGe} where �his De�d o� Trust �s recorded, and the name and address of the successvr
<br /> trustee, and the insfirument shall b�execu�ed and acknowledged by all�h� henefi�iaries under this Deed of Trus�or
<br /> th�ir successors in interest. The succ�ssar trustee, wi�h�ut cvn�eyance of the Praperty, shall succeed tfl all the
<br /> titl�, pvwer, and duties con�erred upon the Trustee in this Deed af Trust and by appli�able law. This pr�cedure for
<br /> substifiution of Trustee shall g��ern ta�he exc�usion of afl other pro�isions�or subs�itution.
<br /> N�TIGES. Any noti�e required t� b� gi�en under this Deed o�Trust, including without limitation any n�tice of defauft
<br /> and any notice of sale shall be gi�en in wri�ing, and shall be e�fec�i�e when actually deli�ered, when actually re�ei�ed
<br /> by te�efacsim��e �unless otherwise required by (aw}, when deposited with a nationally recognized o�ern�ght courier, or, if
<br /> mai�ed, when depasited in�he Un�ted States mail, as first c�ass, cer�ified or regis�ered mail postage p��paid, directed to
<br /> the addresses shown near�he �eginning o�this Deed o�Trust. All copies of no�ices o� fore�losure �rom the holder of
<br /> any lien wh�Gh has priority o�er this Deed of Trus� sha�� be sen� to Lender's address, as shown n�ar the heginning of
<br /> th€s Deed o� Trust. Any party may change its address for notices under this D�ed of Trust by gi�ing formal wri�ten
<br /> no�ice ta �he o�her par�ies, spe�ifying that fihe purpose of the not�ce is to change the party's address. For nvtice
<br /> purposes, Trus�or agre�s to keep Lender in#ormed at a�l times of Trustar's current address. lJn�ess o�herwise pro�ided
<br /> or required �y law, if there is more than one Trustar, any no�ice gi�en by Lender to any Trustvr is deemed ta be no�ic�
<br /> gi�en to a�l Trustors.
<br /> M15CELLANE�US PRaVISI�NS. The�allowing miscellaneous pro�isions are a part of�his Deed af Trust:
<br /> Amendments. This ❑eed �f Trus�, toge�h�r w�th any R�lat�d Dvcuments, Gons�itutes�he entire understanding and
<br /> agreement o�the parties as to the ma��ers set far�h in th�s Deed vf Trust. Na al�eration of ar amendmen��a this
<br /> Deed of Trust shall be effecti�e unless gi�en in wri�ing and signed by the par�y or part�es sought�o be charged ❑r
<br /> baund by the alteratian or amendment.
<br /> Annual Re�vrts. !f �he Property is used for pu�pases other than Trus�or's r�sidence, Trustar shall fu�nish tv
<br /> Lender, upon request, a cer�ified statemen� af net opera�ing income received from the Property during Trustor"s
<br /> pre�ious fiscal year in such form and de�ail as Lender sha�l require. "Net vpera�ing incame" shall mean all cash
<br /> rec�ip�s from th� Property less a�l cash expenditures made �n cvnnection with�he operation of�he Proper�y.
<br /> Cap�ion Headings. Cap�ion headings in �his Deed of Trust are �or �on�enien�e purpases only and are not ta be
<br /> used to �nterpret or define the pro�isians af this Deed o�Trust.
<br /> Merger, There shall be na merger of the interest❑r estate creat�d by this ❑eed Q�Trust with any other interest ar
<br /> es�ate in the Proper�y at any time hefd by vr for the benefi�of Lender in any capacity, withaut the rrvritten consen�
<br /> o�f Lender.
<br /> Gv�erning Law. This �eed o# Trust wil! be go�erned by federal law appli�abie tv Lender and, tv the extent nvt
<br /> preempted by federa�law,the�aws vf the Sfiate v�Nebraska wi�hvut regard to its cvn��icts❑�!aw prvvisions. Th�s
<br /> Deed af Trust has been accepted by L�nder in�he State a�Nebraska.
<br /> Cho��e vf Venue. If �here is a lawsuit, Trustor agrees upon Lender's request to submi� to ths jurisdiction o� the
<br /> courts af Hall County, State of Nebraska.
<br /> Nv Vllai�er hy Lender. Lender shal� not he deemed ta ha�e wai�ed any rights under this Deed of Trust unless such
<br /> wai�er�s gi�en in writing and signed by Lend�r. No delay ar omission on�he par'�of Lender in exercis�ng any right
<br /> shall operate as a wai�er of such right�r any ❑ther right. A wai�er by Lender of a pro�isivn of this ❑eed af Trust
<br /> shall not prejudice or cvnstitute a wai�er of Lender's �ight otherwise ta demand stricr comp{iance wi�h that
<br /> pra�ision or any other pro�ision of �his ❑eed of Trust. Na prior wai�er by Lender, nor any course of dealing
<br /> between Lender and Trus�or, shall constitute a wai�er �� any of Lender's righ�s vr o� any af Trustor's obligat�ons
<br /> as �to any future transa��i�ns. 1lVhene�er the cansent of Lender is required under th�s ❑eed of Trust, the grant�ng
<br /> of such consent �y Lender �n any instance shall not constitute cvntinu�ng cansent tv su#�sequent instan�es where
<br /> such consen�is required and �n all cases such consent may be granted or wi�hheld in the sole d�scretion af L�nd�r.
<br /> 5e�erability. ff a court o� competent jur�sdiction finds any pro�isi�n o�this Deed o�Trust to be illegal, in�a��d, or
<br /> unenforceable as t❑ any circums�ance, that �inding shall not make the ofifending prv�isian illegal, inva�id, vr
<br /> unenforceabl� as to any other cir�umstan�e. lf feasible, the offending provision shall be considered modi��ed so
<br /> that it becomes legal, �alid and en�orceable. I� the offending pro�ision cannot �e so modified, it shall be
<br /> considered del�ted from this Deed flf Trust. Unless otherwise required by 1aw, the i�legality, inva�idity, or
<br /> unenforceabi[ity �f any pra�ision of this Deed o�Trust shall not affect the lega�ity, �alidi�y or enfvrceability of any
<br /> other pro�ision of�his D�ed of Trust.
<br /> Suc�essv�s and Assigns. Subject ta any limi�ations stated in th�s Deed of Trust on �transfer of Trus�or's interest,
<br /> this ❑eed �f Trust shal� be binding upvn and inure to the ben���t of th� parti�s, their su�cessvrs and assign�. ff
<br /> owne�ship ❑f�he Property becomes �ested in a person other than Trus�or, Lende�, wi�hout notice to Trustor, may
<br /> dea� with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of f�rbearance or
<br /> extension without releasing Trustor�rom�he obligativns of this �eed of Trust or liability under the [ndebtedness.
<br /> Tim�is o�the Essence. Time is o�the essen�e in the per�ormance of this Deed ❑f Trust.
<br /> Waive Jury. A�1 parties �❑this ❑eed of Trust herehy wairre�he right to any jury trial in any action, proceeding, or
<br /> counte�c�aim hrought E�y any party against any other party.
<br /> Vllaiver of Hvmest�ad Exemption. Trust�r herehy releases and wai�es all righ�s and benefi�s of the homestead
<br /> exemption laws vf th� 5�ate of Nebraska as to a11 �ndebtedness secured by this Deed �f Trust.
<br /> �EFINITI�NS. The follow�ng capita�ized words and terms sha[( ha�e the fol[owing meanings when used in this Deed o�
<br /> Trust. Unless specificalfy sta�ed to �he con�rary, all referenc�s to dollar amounts shall mean amoun#s in law#ul mvney
<br /> of the United 5tates of Ameri�a. Words and terms used in the singular sha[[ include the p�ural, and the plural shall
<br /> include �he singu�ar, as the context may require. Vllords and tsrms not otherw�se defined in �his Deed af Trust shall
<br /> ha��the meanings a��ributed tv such terms in the Un��orm Comm��cial C�de:
<br /> Beneficiary. The word "6eneficiary" means Exchange Bank, and its successa�s and assigns.
<br /> Bvrrower. The word "Borrower" means Midwest Premier In�estmen�s, L.L.C. and in�fudes all co-signers and
<br /> co-makers signing the Nate and aff their successors and assigns.
<br /> ❑eed o� Trust. The words "Deed of Trus�" mean this Deed o� Trust among Trustor, Lender, and Trustee, and
<br /> incfudes without limi�ation all assi�nment and secur�ty in�erest pro�isions relating t❑ the Personal Property and
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