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DEED OF TRUST 200,2Q 723"
<br />Loan No: 34092 (Continued) Page 5
<br />entitled; may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Truster 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. If Lender decides to
<br />spend money or to perform any of Trustees obligations under this Deed of Trust, after Truster's failure to do so, that decision by Lender will
<br />not affect Lender's: tight to declare Truster in default and to: exercise Leader's remedies.
<br />Request for Notice:. Truster, on behalf of Truster and Lender, 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; Expanses. If Lender institutes any suit or action to enforce any of the terra of this Dead 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 axiom riot prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at anytime
<br />for the protection of its Interest or the onforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest: at the Note rate from the date of the expenditure until repaid. Expenses covered try this paragraph includs, without nmifatibn,....
<br />however subject to any limits under applicable law, Lender's attorneys' fees and Lander's legal expenses, whether or riot two is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or syunction),
<br />appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />rapotts), surveyors' repots, and appraisal fafu, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster
<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 Deed 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 take the following actions
<br />with respect 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 or other agreement affecting this Deed of Trustor the interest of Lender under this Dead of
<br />Trost::
<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 part of the Property, 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.LoWees 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 original 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 beneficiaries under this Deed of Trust or their
<br />successors 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 Dead 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 nice 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 talsfacsimfle (unless otherwise required by law),
<br />when deposited with a: nationally recognized ovemfght courier, or, it malted, when deposited In the United States 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 Dead of :'crust shall be tam to Lender's address, as shown near the beginning of this Deed
<br />of Trost. 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 Lender
<br />informed at all times of Trustees current address. Unless otherwise provided or required by law, f there is more than one Trustor, any notice
<br />given by Lender to any Truster Is deemed to be notice given to all Trustors. It will be Truster's responsibility to tail 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 Dead of Trust and in the Related: Documents is Trustor's entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed 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 Trost
<br />Merger. There "I 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 hold by or for the benefit of Lender in any rapacity, without the written consent of Lender:
<br />Governing Law. This Dead of Trust will be governedhy and Interpreted in accordance with federal law and the laws of the State of
<br />Nebraska. This Deed of Trust . has been accepted by Lender In the: State of Nebraska.
<br />Choice of Venue: If there is a lawsuit, Trustor agrees upon Lender's request to 'submit to the jurisdiction of the courts of Merrick County,
<br />State of Nebraska...
<br />Joint and Several Liability. All: obligations of Borrower and Truster under this Deed. of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Truster, and all references to Borrower shall: mean each and every Borrower. This means that each
<br />Borrower and Truster signing below Is responsible for all obligations in this Deed of Trost
<br />No Waiver by Lender. Trust Dr understands.: Lender will not give up any of dander's rights under this Dead of Trust unless Larder does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that LaMar has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rghts, that :does not mean Truster will net have to comply with the other provisions of this Dead of Trust.
<br />Truster also understands that if Lender does consent to a request, that does not mean that Truster will not have to gat Lenders consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Truster's requests,
<br />that does not mean Lender . will be required to consent to any of Trustees future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severablllty. 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 Deed of Trust will not be valid or enforced. Therefore, a court will enforce the,rest of the provisions of this Deed of Trust
<br />even f a provision of this Deed of Trust may found to be invalid or unenforceable.:
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truster's 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 Truster, Lender, without notice In Truster, may deal with Trustees successors with reference to this Deed. of Trust: and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truslor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to: all Indebtedness secured by this Deed of Trust.
<br />- DEFINITIONS. The following words shall have the following meanings when used In this Dead of Trust:
<br />Beneficiary. The word "Beneficiary" means Bank of Clarks, and Its successors and assigns.
<br />Borrower. The word "Borrower" means Scott D. Pickrol and Nina A. Pfckrel, and all other persons and entities signing the Note.
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