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201704548
<br />DEED OF TRUST
<br />Loan No: 81010925 (Continued) Page 6
<br />each shall be cumulative and shall be in addiffan to every other remedy given in this Deed of Trust or now or
<br />hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related
<br />Documents to Tru!stee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or independently, from th-ne to time and as often as may be deemed expedient by Trustee or Lender,
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<br />and elther of them may pursue inconsistent rernedies. Nothing in this Deed of Trust sha[[ be construed as
<br />prohibiting Lender trom seeking a deficiency judgment against the Trustor to the extent such action is permitted by
<br />law. EleGtiGn by Lender to pursue any TeMOdY shall not exclude pijrsuit of any other remedy, and an alection to
<br />make expenditures or to take action to perform an ob[igation of Trustor under this Deed of Trust, after Trustor's
<br />failure to perform, shall not affect Lender's right to declare a default and exerGiSe its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copry of any Notice of Default
<br />and a copy of any Notice of Sale 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 action to enforce any of the terms of this Deed of
<br />Trust, Lender shall be entit[ed to recover such -sum as the oourt may adjudge -reason-able ;aS 3t-LOTneys' fees at trial
<br />and upon any -appeal. Whether or not any court actic)n is involved, and to thp extent no -t prohibited by law, all
<br />reasonable expenses Lender incurs that in Lend erTS opinion are necessary at any tirne for the protectic)n of its
<br />interest or the enforcement of its Cights shall becorne a part of the Indebtedness payable on demand and shall bear
<br />i nterest at the N ote rate f ro m the d ate of the expe nd itu re u ntil re pa i d - Expe n ses cove re d by th is pa ra g ra p h i no [ u de,
<br />vvithout limitation, hovvever subject to any limits under applicab[e law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsult, -including attorneys" fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or inlunction), appeals, and any anticipated post -judgment
<br />collection services, the cost of searching rerords, obtaining title reports (including foreclosure reports), surveyors"
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable [aw.
<br />TrUStG.r also will pay any couTt costs, in addition to all other sums provided by law.
<br />Rig hts of Trustee . Truste e s hal I have a I I of the ri 9 hts a nd d uti es of Lend er as s et fo rth i n th is s e cti o n.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee.
<br />are part of thils Deed of Trust:
<br />Powers of Trustee. In addifion to all powers of Trustee arising as -a matter, of law, Trustee sha[[ have the power to
<br />take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in
<br />preparing and ffling a map or plat of the Real Property, including the dedication of streets or other -rights ia the
<br />public; M join in granting any easement or creating any restriGtion on the Real Property-, and (W join in any
<br />subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of Trust.
<br />Trustee. Trustee shall rneet all qualifications required for Trustee under applicable [aw. In addition to the rights
<br />and rernedies set forth above, with re-spect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by not -Ice and salee and Lender shall have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to The full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's opfJor, may from time to TIrne appoint a successor Trustee to any Trustee
<br />appointed under this Deed Gf Trust by an instrument executed and acicnowledged by Lender and recorded in the
<br />office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to -all other
<br />Matt6TS required by state law, The names of the original Lender, Trustee, end Trustor, the book and page (or
<br />computer system reference� where this Deed of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed iond ackncwledged by all the berieficiaries under this Deed of Trust or
<br />their successors in interest. The succi�ssor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Tru:st and by app[-Icable: law. This proc;adure for
<br />s ub stitutio n of Truste e s ha I I g ova rri to th e exc I u s io n of a I I other provis i o ns f o r s u bstitut i o n .
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without 11mitation any notice of default
<br />and any notice of sale shall be given in writing, and shall be effeotlive when actually delivered, when actually Tecelived
<br />by telefacsim He (unless otherwise required by law), when deposited with a nationally recognized overnight 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 shown near the beginning of this Deed of Trust. All cop -les of notices of foreclosure fTom. the holder of
<br />any lien which has priorIly Qver this Deed of Trust shall be sent to Lender I s addres-% as shown near the beginning of
<br />this Deed c)f Trust. Any party may change �ts address for notices under this Deed of Trust by giving formal written
<br />nGt-IC6 to the other parties, speclifying that the purpose of the notice is to change the party's address. For notfice
<br />purposes, Trustor agrees to keep Lender informed at all times of Trustor I s. current address. Unless otherwise provided
<br />or required by law, if there is more than one, Trustor, any notice given by Lender to any Trustor is deerned to be notice
<br />given to all Trustors.
<br />ADDITIONAL PROVISION. Pacific Coast Bankers' Bank is also a secured party and Lender and Beneficiary under this
<br />Deed of Trust. The definition of "Lender"' ond "Benefloiary" wherever it appears in this Deed of Trust is amended and
<br />restated as follows:
<br />The word "Lender" and "Beneficlary " means, collectively, Equitable Bank, its successors and assigns, and PAC[FIC
<br />COA,ST BANKERS" BANK, a Callfarnla banking corporation d/b/a Borrower"s Loan Protection, and its successor's and
<br />as5igns.
<br />This Deed of Trust and the grants, assignments and transfers made herein are also given for the purpose of seciii-ing
<br />the payment of all iridebtedriess, liabilifies and obligations of Trustor and Grantor to Pacific Coast Bankers' Bank
<br />('-'PCBB-'-') under that certain Rate Protection Agreement dated on or about the same day as this Deed of Trust by and
<br />between the trustor � grantor hereunder (the "Trustor J Grantor") and PC8B and any and all arnendment-9, modifications,
<br />extensions, renewals or restatements thereof (the "Rate. Protection Agreement"). PCBE3 is a joint beneficiary and
<br />seGUTed party for all purposes under this Deed of Trust. PCBB, the other beneficiary under this Deed of Trust ("Other
<br />Lender -'I, and the Trustor / Grantor agree and acknowledge that the exercise of the secured parties' and beneft ciaries-r
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<br />rights under this Deed of Trust will he done solely by Other Lender until such time that PCBB certifies in writing to
<br />Trustor I Grantor and Other Lender that the conditions set forth -In Section 6(a) of the Servicing and Subordination
<br />Agreement entered 'into by and between PCBB 8nd Other Lender (the "Servicing Agreernent") have been satisfied, in
<br />which case only PCBE3 may exercise -the rights of the secured partie-s and benGficiaries under this Deed of Trust for the
<br />benefit of all secured parties and benefiGiaries. On and after the date that PrBB has certified -in writing to Trustor /
<br />Grantor and Other Lender that the Rate Protection Agreement has been terminated and that all of the obligations owed
<br />to PCBB under the Rate Protection Agreement have been satisfied, PCBB will cease to be a secured party and
<br />beneficiary under this Deed of Trust and Other Lender will be the sole seGured party and beneficiary under this Deed of
<br />Trust and will be solely entitled to exercise the rights of the secured party and beneficiary. On and after the date that
<br />OtheT Lender has certified in writing to Trustor / Grantor and PCBB that all of the obligations owed to Other Lender that
<br />are secured by this Deed of Trust have been satisfied, Other Lender will cease to be a seoured party and beneftiary
<br />under this Deed of Triist and PCBE3 will be the sole Lender and Beneficiary, secured party and benefloiary under this
<br />Deed of Trust and may solely exercise the rights of the Lender and Beneficiary, secured par-ty and beneficiary.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a port of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
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