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200200649 DEED OF TRUST
<br />Loan No: 19268 (Continued) Page 6
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement whether by court actin w
<br />pursuant to the power of sale or other powers contained In this Dead of Trust, shall prejudice or in any manner affect Trustee's or Landon s
<br />right to realize upon or enforce any other security now Or reacher hold by Trustee or Lander, it being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Dead of Trust and any Other security now or hereafter held by Lander or Trustee in such order
<br />and manner as they or either of them may in their absdule discretion determine, No remedy conferred upon or reserved to Trustee or
<br />Lander, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided Or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Dead of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power Or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either Of them may be otherwise
<br />entitled, may be exercised, concurrently or Independently, earn time to time and as often as may be deemed expedient by Trustee or Lander,
<br />and either of them may pursue inconsistent remedies. Nothing In this Dead of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action Is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. It Lender decides to
<br />spend money or to perform any of Truslor's obligations under this Deed of Trust, after Trustee's failure to do so, that decision by Lander will
<br />not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, an behalf of Trustor and Lander, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Dead 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
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note to from the data of the expenditure until manic. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lenders attorneys' lees and lancers legal expenses, whether or not Mere is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings ( Including efforts to mptliry or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post — judgment collection services, the cost of searching reoards, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<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 forth In this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Dead of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to lake the following actions
<br />with respect to the Property upon the written request of Lander and Trustor. (a) join in preparing and filing a map or plat of the Real
<br />Properly, including the dedication of streets or other rights to the public; (b) join in grardW any easement or creating any Cont n on the
<br />Real Property; and (c) join in any subordination or 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 sII or any part of the Properly, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the
<br />right 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 Lander 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 onginal Lender, Trustee, and
<br />Trustor, 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 beneficiaries under this Deed of Trust or their
<br />successors in Interest. The successor trustee, without conveyance of the Properly, 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 Deed 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 twefecsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, codified or
<br />registered mall 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 ptlonty over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed Of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lander
<br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lander to any Trustor is deemed to be notice given to all Trustom. It will be Trustor's responsibility to tell the others Of the notice from
<br />Lender.
<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 Trustor's entire agreement with Lender concerning the
<br />matters covered by tins Dead of Trust. To be effective, any change or amendment to this Dead of Trust must be in writing and must be
<br />signed by whoever will be bound or obligated by the change or amendment.
<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 Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Dead 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 capadly, without the written consent of Lentler.
<br />Governing Law. This Dead of Trust will be governed by and interpreted In accordance with federal law and the laws of the Slate of
<br />Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />Choice of Venue. It there is a lawsuit Trustor agrees upon Lender's request to submit to the Iurisdicton Of the courts of Merrick County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and lhstor signing below is responsible for all obligations in this Deed of Trust.
<br />No Weaver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so In
<br />writing. The fact that Lander delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br />Trustor also understands that if Lender doss consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lander consents to one or more of Trustees requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future request. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severabillty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Dead of Trust
<br />even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Trustors interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustors successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
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