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<br /> DEED DF TRUST
<br /> ��nntinued� Page 6
<br /> ac�ion ❑r pu�suant t❑ the pawer of sale or other powers c�nta�nsd in this ❑e�d of Trust, shall prejudice �r in any
<br /> manner a��ect T�ustee`s or Lender's right t� realize upon or enforce any ather security naw or hereafter held by
<br /> Trustee or Lender, it being agreed that Trustee and Lender, and each of them, sha�� be entitled to enforce this ❑eed
<br /> vf Trust and any other security now or hereafter he�d by Lender ar Trustee �n such ord�r and manner as th�y or
<br /> either o� them may in their absolute discretion d�termine. No remedy con�erred upon vr reser�ed to Trustee or
<br /> Lender, is intended to he ex�lusi�e of any other remedy in �his Deed o�Trust or by law pro�ided or permitt�d, but
<br /> each shal� be �umula�i�e and shall be in additivn to e�ery other remedy gi�en in this De�d of Trust or now or
<br /> hereaft�r�xisting at law or in equity or by statute, E�ery power or remedy gi�en by the Note or any vf the Related
<br /> Documents to Trustee or Lender ❑r to which ��ther of them may be �therwise en�itled, may be �xercis�d,
<br /> cancurrent�y or independently, from time �o time and as o�ten as may be deemed expedient by Trustee or Lende�,
<br /> and either ❑f them may pursue incons�stent rem�dies. Nothing in this Deed vf Trust shall be construed as
<br /> prohibiting Lender�rom seeking a deficiency judgment aga�nst the Trusta�to�he extent such actian �s permitt�d by
<br /> law. E�ection by Lender �o pursue any remedy sha�f not exclude pu�suit o� any other remedy, and an ele�tion to
<br /> make �xpenditures vr �o take a�tivn to perform an obligat�on o� Trusta� under th�s Deed a�r Trust, aft�r Trustor's
<br /> failure to p�rform, shall not af�ect Lender's right ta dec�are a de�ault and�xercise �ts remedies.
<br /> Reques#�or Nvtice. Trustor, an hehalf of Trustar and Lender, hereby requests�hat a �opy vf any No�ice of Default
<br /> and a copy of any No�ice of 5ale under�his Deed of Trust be mail�d to th�m at the addresses set forth in the first
<br /> paragraph of this ❑eed of Trust.
<br /> A��orneys' Fees; Expenses. ff Lender insti�u�es �ny sui� or ac�ion ta enforce any �f th� t�rms flf this ❑eed o�f
<br /> Trus�, Lender shal� be enfiitled to reco�er such sum as �he cour� may adjudge reasonable as attorneys' fees at trial
<br /> and upan any appeai. Whethe� or not any �ourt action is in�ol�ed, and �a �he extent not prahib�ted hy law, all
<br /> reasvnable expenses Lender incurs that in L�nd�r's ❑pinion are necessary a� any time �or the pratect�on of its
<br /> interest or the�nforcement o'� its r�ghts shal! hecome a part�f the indebtedness payable on demand and sha�� bear
<br /> interest at the No�e rate from the dat�❑�the expenditure until repaid. Expenses co�ered by�his paragraph inc�ud�,
<br /> without limitation, howe�er subject�ta any I�m�ts under app�ica#�le law, Lender's att�rneys' �ees and Lender's legai
<br /> expenses, whether or not �here is a lawsuit, in�lud�ng attorn�ys' �ees and expenses for hankrup�cy praceedings
<br /> �incfuding efforts�o modify or�acat� any automatic stay o�injunction�, appeals, and any anticipa�ed post-judgment
<br /> col�ect�on ser�ices, �he cost of s�archFng records, obtaining title reports �inc�uding fareclosure reports�, sur�eyQ�s'
<br /> reports, and appraisal �ees, ti�le insurance, and fees for �he Trust�e, �o the extent permitted by applicable law.
<br /> Trustor ais❑ will pay any cour�costs, in addition to al! vth�r sums pra��ded by �aw.
<br /> Rights of Trustee. Trustee shall ha�e all ❑f the righ�s and duti�s of Lender as set�orth in this section.
<br /> PQWERS AND ❑gLIGATi�NS DF TRUSTEE. The following pro�isions rela�ing �o�he powers and obf�gat�ons of Trus�ee
<br /> are part❑f�his Deed ❑f Trust:
<br /> Pnwers of Trustee. In addition to a�� powers o�F Trustee arising as a matter of law, Trus�ee shall ha���he pow�r to
<br /> �ake the fiollawing actions with respect to the Prope�ty upon the writ�en request af Lender and Trustor: �a} join in
<br /> pr�paring and filing a map or plat of the R�a� Praperty, in��udin� the dedication vf stree�s or o�her rights to the
<br /> public, �b� join in granting any easement or c��a�ing any restriction on the Rea� Property; and ��� join in any
<br /> subordinatian flr other agreement affec�ing this Deed of Trust ar the interest of Lender und�r fihis �eed of Trust.
<br /> Trustee. Trustee shall meet all qualifica�ians re�ui�ed for Trustee under applicabfe �aw, In addition �o the rights
<br /> and remedies set farth ab��e, with respeGt ta all or any par� af �he Prvperty, the Trust�� shal� ha�e the righ� tv
<br /> fflreclose �y noti�e and sa��, and Lender shall ha�e the righ� fio for�clase by judicial �oreclosure, in eith�r case in
<br /> accordance with and ta the�u![extent pro�ided t�y applicable law.
<br /> Successar Trus�ee. Lender, at Lender's aptivn, may from �ime to�ime appo�nt a successor Trus�ee to any Trustee
<br /> appointed under this Deed of Trust by an instrument �x�cuted and acknow�edged hy Lender and re�orded in the
<br /> offi�e o€ th� ��corder of Hall County, 5ta�e of Nebraska, Th� instrument shal! conta�n, �n addition to all oth�r
<br /> ma��ers required by state law, the names of the vriginal Lender, Trustee, and Trustor, the book and page �ar
<br /> campu�er system referencey where this Deed of Trus� is recorded, and the name and address o� �h� successor
<br /> �rustee, and�he instrument shali be ex�cuted and acknowledged hy all�he beneficiaries under this Deed ofi Trust or
<br /> their successars in €nterest. The succ�ssor �rust�e, vvifihout con�eyance o� the Prvperty, shall succeed to a�{ �h�
<br /> title, power, and duties �vnferred upon the Trust�e in tf�is ❑eed of Trust and by applicable law. This procedure for
<br /> substitution o�Trustee shall go�ern to�he exclusion of all oth�r pr��isions�or substitution.
<br /> N�TiCES. Any notice required to be gi�en und�r this Deed af Trust, in�luding wi�hou� limitation any notice of default
<br /> and any notice af sale shal� b� g��en in writin�, and shall be effecti�e when actually d�li�ered, when actuaily recei�ed
<br /> by�eie�acsimile �unless atherwise required hy law�, when deposited with a nationally recvgni�ed overnight cour�er, ar, if
<br /> maif�d, when deposi�ed in the United States mai�, as first c�ass, cerfii��ed or �egistered mail postage prepaid, directed to
<br /> the address�s shawn near th� beginning vf this Deed of Trust. Ali cap�es o� notices o�farec�osure firam �he holder o�
<br /> any �ien which has priority o�er this Deed of Trust shall b� sent to Lender's address, as shflwn n�ar the beginning of
<br /> this Deed of Trust. Any party may change i�s address ��r no�ices under this De�d of Trust by gi�in� farmal wri��en
<br /> notice ta the ath�r parti�s, spe�i�ying that the purpose of the notice is t� change the party's address. For nv�i�e
<br /> purposes, Trus�or agrees to keep L�nder in�ormed at a11 times of Trustar's current address. Unless �the�wise pro�ided
<br /> or required by law, if there is more than ❑ne Trustor, any notiGe gi�en by Lender ta any Trus�or is deemed tn �e natice
<br /> gi�en to a��Trustors.
<br /> M15CELLANEDUS PRDVfSI�NS. The folfowing misc�llane�us pro�isions are a part a�this Deed af Trus�:
<br /> Amendments. This Deed of Trust, toge�her wi�h any Related Documen#s, �anstitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of vr amendment to this
<br /> Deed ofi Trus�shall be effecti�� un��ss gi�en in w��ting and signed by the party or parties sought t� be charged or
<br /> �ound �y th� alteration or amendment.
<br /> Annual Reports. If the Proper�y is used for purposes vther than Trustor's r�sidence, Trustor shall furnish ta
<br /> Lender, upon request, a certi#�ed statement of net opera�ing income recei�ed from the Property during Trustar's
<br /> pre�ious �iscaf year in such form and detaii as Lender sha11 require. "Ne� opera�ing inGome" shalE mean all cash
<br /> rec�ipts frvm the Property fess al� cash expenditures made in connection with the operatian af�he Property.
<br /> Captivn Headings. Cap�ion headings in this Deed v� Trust a�e for �on��nience purpvses only and are nat to be
<br /> used to int�rp�et or define�he pro�isivns of this Deed of Trust.
<br /> Merger. There shall be n❑ merger�f the in�er�s�ar es�a�e created by this Deed of Trust with any other interest or
<br /> esta�e in th� Prop�rty at any time held by or for the benefit❑f Lender in any capacity, without the written consen�
<br /> of Lsnd�r.
<br /> Gv�erning Law, This Deed of Trus# w�ll be gv�erned hy federal law applicable to Lender and, to the extent not
<br /> preempted by federai law, the laws v�the 5tate❑f Nebraska without regard ta i#s �vnflic�s��!aw prv��sians. This
<br /> Deed af Trust has been a��epted by Lender in the 5#a#e of Nebraska.
<br /> Choice of Venue. If there is a �awsuit, Trustvr agrees upon Lender's request �o submi� �o the jurisdi�tion o# the
<br /> caurts af Hall C�unty, State o�Nebraska.
<br /> Na Wai�er by Lender. Lender sha(� not be deemed to ha�e wai�ed any righ�s under this Deed of Trust unless such
<br /> wai�er is gi�en �n wri�ing and signed by Lende�. Na delay ar❑missian on the part af Lender�n exercising any righ�
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