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05 -30 -2000 DEED OF TRUST Page 5
<br />Loan No 767455 (Continued) 200004643
<br />sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or
<br />enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be
<br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br />exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br />Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may
<br />pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />Request For Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is
<br />involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the
<br />enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of
<br />expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,
<br />Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals and any anticipated post — judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent
<br />permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed of Trust
<br />shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents)
<br />unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br />waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br />party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br />transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
<br />constitute continuing consent to subsequent instances where such consent is required.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of
<br />Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS
<br />TERMS.
<br />TRUSTOR:
<br />GILLESPIE OT ORS, INC.
<br />ey: .
<br />O SPIE Ill, PRESIDEN
<br />By ft&ittn;7
<br />CYNT A M GILLESPIE, VICE —PRE DENT
<br />CORPORATE ACKNOWLEDGMENT
<br />STATE OF
<br />)SS
<br />COUNTY OF�
<br />On this -:�,D% day of M Q, , 2000, before me, the undersigned Notary Public, personally appeared JOHN J
<br />GILLESPIE III, PRESIDENT; and CYNTHIA GILLESPIE, VICE — PRESIDENT of GILLESPIE MOTORS, INC., and known to me to be authorized
<br />agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the
<br />corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that
<br />they are authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation.
<br />L A GENERAL NOTARY -State of Nebraska By
<br />111 JONI L. GALLAWAY Notary Public in and for the State of
<br />My Comm. Up. Nov. 27, 2003 Residing at
<br />My commission expires
<br />
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