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DEED OF TRUST 200305812
<br />Loan No: 777579 (Continued) Page 7
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set fodh in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pad of this Dead of
<br />Trust:
<br />Powers of Trust". In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actors
<br />with respec( to the Property upon the written request of Lender and Truster: (a) join In preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property: and (c) join in any subordination an other agreement affecting this Dead of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any pad of the Property, the Trustee shall have the fight to foreclose by notice and sale, and Lender shall have
<br />the night to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of
<br />Nebraska. The instrument shall contain, In addition to all other matters required by state law, the names of the anginal Lender, Trustee, and
<br />Truster, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiarles under this Deed of Treat or their
<br />successors In Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given In writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight coudar, or, if mailed, when deposited in the United Slates mail, as first class, certified or
<br />registered mail postage 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 Lendefs address, as shown near the beginning of this Deed
<br />of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Truster agrees to keep Lender informed at all times of Trusters
<br />current address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice given by Lender to any Truster is
<br />deemed to be notice given to all Trusters.
<br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or similar law
<br />for the establishment of condominiums or cooperative ownership of the Real Property:
<br />Power of Attorney. Truster grans an irrevocable power of attorney to Lender to vote In Lendefs discretion on any matter that may come
<br />before the association of unit owners. Lender shall have the right to exercise this power of attorney only after Truster's default; however,
<br />Lender may decline to exercise this power as Lender seas fit.
<br />Insurance. The insurance as required above may be carried by the association of unit owners on Trustofs behalf, and the proceeds of such
<br />insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the
<br />association, such proceeds shall be paid to Lender.
<br />Default. Trushn's failure to perform any of the obligations Imposed on Truster by the declaration submitting the Real Property to unit
<br />ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shall be an event of default under this
<br />Deed of Trust. If Truster's interest in the Real Property is a leasehold interest and such property has been submitted to unit ownership, any
<br />failure by Trustor to perform any of the obligations Imposed on Truster by the lease of the Real Property from its owner, any default under
<br />such lease which might result in termination of the lease as It pertains to the Reel Property, or any failure of Truster as a member of an
<br />association of unit owners to take any reasonable action within Trusters power to prevent a default under such lease by the association of
<br />unit owners or by any member of the association shall be an Event of Default under this Deed of Trust.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
<br />as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless given in wnung
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Tmstofs residence, Truster shall furnish to Lender, upon request, a certified
<br />statement of net operating income received from the Property during Trusterss previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
<br />operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define
<br />the provisions of this Dead 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 estate in the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of HALL County, State
<br />of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Truster under this Dead of Trust shall be joint and several, and all references to
<br />Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This means that each
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