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DEED OF TRUST 2002064:30
<br />Loan No: 774249 (Continued) Page 7
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from reeking a deficiency judgment against the Trustor to the
<br />extent such action is penmltted by law. Election by Lender to pursue any remedy shall oat exclude pursuit of any other remedy, and
<br />an action to make expenditures or to take adman to perform an obligation of Trustor under this Decd of Trust, after Trustor's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise Its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Native of Sala under this Used of Trust be mailed to them at the addresses out 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
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not Prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion arc
<br />necessary at any time for the protection of Its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' tees and Lender's legal expenses,
<br />whether or not there is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />,.ate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cast of searching
<br />ords, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fens, title insurance, and fees far the
<br />Trustee, to the extent permitted by applicable law- Trustor also will pay any court costs, in addition Wall other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this seetion-
<br />POWERS AND OBLIGATIONS OF TRUSTEE. the following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In atltlin.,, to all powers of Trustee arising as a matter of law. Tustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (of join In preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property, and (,.)join In any aubonfectien or other agreement affecting this Deed of Trust or the Interest of
<br />Lender under this Deed of I rust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect m all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, In either cape in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender 'a option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />grace of Nebraska. The Instrument shall ..main, in addition to all other matters required by state law, the names of the original
<br />Lander, Trustee, and Trustor, the book antl page for computer system reference) where this Decd of Trust is recorded, and the name
<br />and address of the s , . . or trustee, and the Instrument shall be executed and acknowledged by all the beneficiaries under this Dead
<br />of Trust or theirs ce.ssors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law- This procedure for substitution of Trustee
<br />shell govern to tte exclusion of all 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
<br />sale shall he given in writing and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a palmately recagnbod overnight courier, or, If mailed when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address far notices under this Deed of Trust by giving formal
<br />written entire to the other parties, specifying that the purpose of the notice Is to change trip party's address. For notice purposes, Trustor
<br />agrees to keep I red, Informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there Is more
<br />than one truster, any entire given by Leader to any Trustor is deemed to he notice given to all Trusters.
<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
<br />parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unlnss
<br />given in writing and signed by the party or parties sought to be charged or bound by tha alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trusters residence. I ruder shall furnish to Lender, upon request, a
<br />ratified statement of net operating Income received from the Property during Trustor 'a previous fiscal year in such farm and detail as
<br />Lender shall require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made In
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings In this Decd of Trust are for convenience purposes only and are not to be used to Interpret or
<br />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 estate in the
<br />Property at 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, Trustor agrees upon Lender's request to submit to the jurisdiction of Lou courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor untler this Deed of Trust shall be joint and several, and all
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