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Loan No: Eldred224
<br />DEED OF TRUST
<br />'Continued)
<br />202205427
<br />Page 7
<br />entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of any portion of,
<br />the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Credit Agreement, and any
<br />documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the
<br />sale in order that the amount of indebtedness so used or applied may be credited thereon as having been paid.
<br />Attorneys' Fces; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this
<br />Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees
<br />at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law,
<br />all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this
<br />paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable
<br />attorneys' fees, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy
<br />proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated
<br />post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by
<br />applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of
<br />Lender as set forth in this section.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
<br />default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually
<br />received by telefacsiunile (unless otherwise required by law), when deposited with a nationally recognized overnight
<br />courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage
<br />prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near
<br />the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by
<br />giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the
<br />person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
<br />address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender
<br />to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the
<br />notice from Lender.
<br />DEFINITION OF INDEBTEDNESS. The word "Indebtedness" means the indebtedness evidenced by the Note,
<br />including all principal and interest, together with all other indebtedness and costs and expenses for which the Borrower
<br />is responsible under this Agreement or under any of the Related Documents. In addition, the word "Indebtedness"
<br />includes all other obligations, debts and liabilities, plus interest thereon, of Borrower, or any one or more of them, to
<br />Lender, as well as all claims by Lender against Borrower, or any one or more of them, whether existing now or later;
<br />whether they are voluntary or involuntary, due or not due, direct or indirect, absolute or contingent, liquidated or
<br />unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated
<br />as guarantor, surety, accommodation party or otherwise; whether recovery upon such indebtedness may be or hereafter
<br />may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become
<br />otherwise unenforceable.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement
<br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created 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 />o f Lender.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all
<br />references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is
<br />responsible for all obligations in this Deed of Trust.
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