DEED OF TRUST
<br />Loan NO:34185 (Continued) 200201021 ; '', Page 5
<br />and ruiner AS May or either of them may in disk absolute discretion determine. No remedy conferred upon or reserved W Trustee or
<br />Lender, Is Intended to he esclusNe Of any MW remedy In this Deed of Trust or. by law provided or permided,.but aeon shall he dumulatNe
<br />and shall be in addition to every other remedy given In thb Dead of Trust or now or hereafter existing at law or In equity or by stases. Every
<br />power or remedy given by the Note or any of Me Related Documents M Trades or Under or W which either of them may b iiot me 8
<br />counted, may be exercised, concurrently or Independently, from rime to time and as often as may be deemed expedient by Trustee or lender,
<br />and either of them may pursue Inconsistent romedies. Nothing in this Deed of Trust shall be construed AS prohibiting Lender from seeking a
<br />deficiency jadWwt ageMSl the Trustor to the extent such action H permitted by law.
<br />Election of Remedies. All of Landers rights and remedies will be cumulative and may be exercised alone or together. If Lender decides W
<br />spend money or to perform any of Thai obligations under this Deed of Trust, after Trustor's failure to do so, Mat decision by Lender will
<br />not affect Lender's right to declare Touter In default and M exercise Lender's remedies.
<br />Request far Notice. Trustor; on behalf of Trustor and lender, hereby requests Mat 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 Me addresses set loon in Me first paragraph of this Dead of Trust
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dead of Trust, Larder shall. be Armed
<br />to recover such sum as Me cend may Adjudge reasonable as allamays' fees at trial and upon any appeal. Whether or not any own action Is
<br />Involved, and W the extent not prohibited by law, ell masOnebie expenses Under inure that in Lenders opinion are necessary At any tuns
<br />for Me protection of its interest or Me enforcement of its rights shall become a pad of the Indebtedness payable on demand and Shalt bear
<br />Interest at the NOW rate from the data of Me expenditure until repaid. Expenses covered by this Paragraph Include, without', limitation,
<br />however subject to any limits under applicable law, Lenders anomeys' fees and Larder's legal expenses, whether or not there is a lawsuit,
<br />Including altomeys' fees and expenses for bankruptcy proceedings (including efforts W modRy or vacate any aummatie stay or Injunction),
<br />appeals, and any anticipated post - judgment collection services. Me cost of searching records, obtaining this reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for me Trustee, to Me extant permitted by applicable law. Trustor
<br />also will pay any court costs, in addition to all other sums provided by low.
<br />Rights of Trustee. Trustee shall have all of the rights and ones Of Lender as Sol With in this section.
<br />POWERS AND OBUGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust:
<br />POWare of Trustee. In addition to e0 powers of Trustee arising as a n after of law, Trustee shall have Me power w take Me fallowing actions
<br />with respect to Me Property upon Me written request of Lender and Truafor. (a) join in preparing and filing a map or plat of; Me Real
<br />Property, including the carnation of sunsets or other rights to the puck; (b) join in granting any easement or creating any restriction on the
<br />Real Properly; and (c) join in any subordination on other agreement affecting MIN Dead Of Trust or the Interest Of Lender under Mia Deed of
<br />Trust.
<br />Trustee. Trustee shall mast all qualifications required for Trustee under applicable law. In addition to Me rights and remedies at form
<br />above, wllh respect to an or any pad of the Property, the Trustee shall have Me right M foreclose by notice and sale, and Lender will have Me
<br />right to foreclese by judicial loreclosure, in either case In accordance with and M the full extent providetl by applicable law.
<br />Successor Trustee. Lendur, at Landers option, may from time to time appoint a successor Trustee to any Trustee Appointed under this
<br />Used of Trust by an Insouciant executed and acknowledged by Under and recorded in the office of the recorder of Hall County, State of
<br />Nebraska. The Instrument shall captain, in additcin Wall Other matters required by state law, the names of the original Lender, Trustee, And
<br />Trustor, Me book and page (or computer system reference) where this DOW of Trust's recorded, and the name and address of the
<br />successor trustee, and Me instrument shall her executed and ecknowiedged by all Me beneficiaries under this Dead of Trust or their
<br />successors In Interest. The successor trustee, without conveyance of the Property, shall summit to all the title, Power, and duties conferred
<br />upon Me Trustee In this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall . govern to Me exclusion of all
<br />other Provisions for substitution.
<br />NOTICES. Any notice required M be given under this Deed of Trust, Including without limitation arty notice of default and any notice of sale shall
<br />W given in writing, and shall be effective when actually delivered, when actually received by teiefacsimiie (unless otherwise mc,uirad by law),
<br />when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, perlpged Or
<br />registered PAR postage prepaid, directed to the Addresses shown roar the beginning of this Dead of Trust All copies of ncuces of foreclosure
<br />Mom Me holder of any lien which has priority over this Deed of Trust shall be awl to Lender's address, as shown near Me beginning o0 Mia Deed
<br />of Trust. Any Person may change his or her address for rouses under this Dead of Trust by giving formal written notice to the ether person or
<br />persons, specifying Mal the purpose of the notice Is W change the person's address. For notice Purposes, Trustor agrees M keep Lender
<br />informed at all time of Trusters curent address. Unless otherwise provided or required by law, if More Is nova than one TrucWr, any notice
<br />given by Lender to any Trustor Is deemed to be notice given to all Trusters. It will be Trusters responsibility to ten Me others of MB notice from
<br />Land.,
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Deed of Trust:
<br />Amendmenta. What Is written In this DOW of Trust antl in Me Related Documents is Truslar's entire agreement with Lender concerning Me
<br />mom, covered by this Deed of Trust To be effective, any change or Amendment W this Deed of Trust must be in writing and must ho
<br />signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define
<br />Me provisions of this Dead N Treat
<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 Lander In any capacity, without Me written consent of Lender.
<br />Governing LAW. This Deed of Trust WIII be governed by and Interpreted In accordance With federal law and the laws of Me State of
<br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Vanue. If Mere Is a lawsuit, Trustor agrees upon Lender's request W submit to the jurisdiction of Me courts of Merrick County,
<br />State of Nebraska
<br />Joint and Several Liability All connections Of Borrower and Trusor under this DOW of Trust shall be joint end several, and ell references W
<br />Truster shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means Mat each
<br />Borrower and Trustor signing betow is responsible for all obligations in this Deed of Trust
<br />No Waiver by Under. Trustor understands Lender win non give up any of Under's rights under this DOW of Trust unless Under does so 0
<br />writing. The fact Mat Lender delays or orras M exercise any right will rot mean Mal Lender has given up Mat right. If Larder does agree In
<br />writing W give up one of Leetler's rights, Met does not mean Trustor will not have to comply with Me other provisions of this DoW of Trust.
<br />Trustor also understands that R Lender does consent M a request, that does not mean Mal Trustor will not have in get Lenders consent
<br />again H Me situation happens again. Trustor fuller understands that just because Lander Consents to one or more of Inflators requests,
<br />Mat does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presenmunt, derrend for payment,
<br />protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of Mis Dead of Trust Is not valid or should not be enforced, Mat fact by itself will not mean
<br />Mal Me rest of Mis Dead of Trust will flat be valid or enforced. Therefore, a court will enforce Me rest of the provisions of this Deed M Trust
<br />even R a provision of Mis 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 Trustor's interest, this Deed of Trust shall be
<br />binding upon and Inure W Me benefit of the ponies, their successors and assigns. If Ownership M Me Property becomes vested in a person
<br />Other Man Trustor, Lender, without notice to Truster, may deal with Trustor's successors with reference M this Dead at Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from Me obligations of this Deed of Trust or liability under Me
<br />Indebtedness.
<br />Time W of the Essence. Time is of he assene in the performance of Mis Dead of Trust
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all fights antl benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
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