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DEED OF TRUST
<br />Loan No: 774252 200206435 (Continued) Page 7
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Truster to the
<br />extent such action Is permitted by law. Election by Lender to pursue any remedy shall nat exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action 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 Notica of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth In the first paragraph of this Deed of [rust.
<br />Anorneys' Fees; Expenses. If I. ender institutes any suit or action to solutes any of the terms of this Deed of Trust, Lender shall be
<br />entitled to re m such sum as the court may adjudge assumable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />art action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part at the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the data 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' fees and Lender's legal expenses,
<br />whether of not there Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post- judgment collections s, the cost of searching
<br />goods, attaining title reports ( including Resolution reports), surveyors' reports, and appraisal fees, title insurance, and fees far the
<br />Trustee, to the extent permitted by applicable low. Irustor also will pay any court costs, in addition to all otter sums provitled by
<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
<br />Deed ul Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising a a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property apon the wr ltten request of Lender and Irustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the d mdQtmF of streets or other rights to the public; (b) join in granting any easement or reating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Decd of Trust or the interest of
<br />Lender under this Deed of Trust.
<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 to are 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 case In arcerdanre with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's 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 n, order of HALL County,
<br />State of Nebraska. The Instrument shall contain, In addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Dead of Trust is recorded, and the name
<br />and address of Lou successor trustee, and the instrument shell be executed and acknowledged by all the beneficiaries under this Deed
<br />of [rust or their successors in interest. The successor trustee, without canveyance 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 />shall govern to the 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 be 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 nationally recognized overnight courier, Or. it mailed, when deposited In the United States mall, as
<br />first class, certified or registered moil postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust All
<br />cuµea of outices of foreclosure from the holder of any lien which has priority over this Deed 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 for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party s address. For notice purposes, Truster
<br />agrees to keep Lender Informed at all times of Truster 's c tan
<br />t address. Unless otherwise provided or required by law, if there is more
<br />Than one Trus , t any ounce given by Lender to any Trustor is deemed to be notice given to all Trusnes-
<br />MISCELLANEOUS PROVISIONS. The following miscellaneaus prnvisions are a part of this Decd 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 I maters set forth In this Deed of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless
<br />given In writing and signed by the party or parties sought to he charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Truster 'a resmence, Truster shall furnish to Lender, upon request, a
<br />crfifiod statement of not upembng h received from the Property during Trustor's previous fiscal year In such form and detail as
<br />Lender shall require. 'Net operating c 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 Deed 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 'mtnrest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any lime hold 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 the courts of Hall County,
<br />State of Nebraska,
<br />Joint and Several Liability. All obligations of Borrower and Treatur under this Deed of Trust shall be joint and several, and all
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