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DEED OFTRUST 200206631
<br />Loan No: 34422 (Continued) Page 5
<br />Remedies Not Exe'uswi, Trusted antl Lender, aid each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or oU.,wiers secured by this Deed of Trust and to exercise all rights and Powers under this Dead of least. under the Note,
<br />under any of the Related DOCUments, or under any other agreement or any laws now or haveltdr in farce: dowithslanding, some or all of
<br />such aMeblwndsa and obllnalions secured by this Dead of Trust may now or hereafter be otherwise secured, whether by mortgage, dew of
<br />trust, pledge, lien, assignment or otherwise. Neither the ..as planes of this Dew of Trust not its Predicament, whether by won action or
<br />nu4eart to the wWe, of sale or 0ther powers contained in this Dead of Trust, shall pricingOB or In any manor affect Trustee Or LOnUer'e
<br />right to realize upon or enforce any older secuny now or h .... it,, held by Trustee or Lentler. It being agreed that Trustee and Lend., and
<br />each of Them, shell be enticed W enforce this Dead of Trust and any oher security now or hereafter held by Lender or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, 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 />arid Sidon ed In addition to every other remedy given In this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every
<br />pourer or remedy given by Oe Note or any of the Related Documents to Trustee en Lender or to which either of Diem may be om.vrise
<br />emitted, may be exercised, Carcure ly 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 aressa s. Nothing in this Deed of Trust shall be construed as prohibiting Lander from seeking a
<br />deficiency judgment against the Truster to the extent such action is parnihw by lava.
<br />Election of Remedies. All of Lenders rights and remedies will be cumulative and may be oxercisw oleo or o, tat together. If Lender decides t0
<br />spend money or to perform any of Trusters Obllgatlone under Ibis Deed of Treat, .her Trusters failure to w do, that tlacislon by Lender will
<br />not affect Lender 'a right to declare Truster in default antl to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Tmelor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale udder this Dew of Trust be mailed to thole at Vie addresses set forth In the first Paragraph of this Dead of Trust.
<br />Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms 01 this Dead of Trust, Lender shall ha entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' lees 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 nacosdery at any time
<br />for the protection 01 its interest or the enforcement of its lights shall become a pan of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from fie data of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender s attorneys lees and Lander s legal expenses, whether or not there is a lawsuit,
<br />including attorneys' lees and expenses for bankruptcy proceedings recluding eilo e, to readily or vacate any automatic stay Or dole bent,
<br />appeals, and any anticipated at judgment collection services, 10. coal of dinsching records, obtaining title (Goons (including foreclosure
<br />repots), surveyors' reports, aM appraisal lees, title insurance, and lees for tho Trustee, to the extent Pomade W applicable law. Tmslor
<br />also will pay any Court Costs, In addition to all other sums provWed 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 (slating t0 the powers and Obligations of Tmstee am pan of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising 2c a matter of law, Trustee shall have the power to take the lollow,ng anta0ns
<br />,,to respect to the Property aided the written request of Lender and Truslor'. (a) join in preparing and filing a map or plat o' the Real
<br />Property, including In. dedication of shoos or other rights to the public, (b) join in Voiding any easement or creating any restriction on the
<br />Real Property; and (c) jSri in any suxtolia Lion or ether agreement Situating this Deetl Of Trust or the Interest of Land., under On DOW of
<br />Trust.
<br />Trustee. Trustee shalt meet all qualifications required for Trustee under Muc9b,e 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 sate, and Lender will have the
<br />right to,oreclose by judicial foreclosure, In dither case in accordance with add to the lull extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a coccose er Trustee to any Trustee appointed under this
<br />Dead of Test by an inelrumohl exoculed and acknowledged by Lender and (accrued In the ollice of the recorder of Ha„ Count,, Stale Of
<br />Nebraska. The instrument shalt contain, In addition to all Other matters retained by stale law, ld. r.m.a of the original Lentleq Trusw0, and
<br />Truster, the book and page (or computer system reference) where this Deed of Trost is recorded, and the name antl address of the
<br />shccessor bust.., and lb. instrument shalt be exec Wed and acknowledged by all Ida beneficiaries under this Ease of Trust or their
<br />successors in - Interest The successor trustee, without conveyance Of rho Property, shall succeed to al, me title, power, and duties Conferred
<br />upon the Trustee In are Doed of Trust and by applicable law. This p(wwure for substitution of Trustee shall govern to the exclusion of all
<br />diner provisions for substitution.
<br />NOTICES. Any notice oweved td be glean under this Deed of Trust. including wdb0ut limitation any notice of default and any notice 01 Sale shall
<br />be given in writing, and shall be effeelve when actually salivated. when actually received by le,efacsimf,e (unless otherwise required by law),
<br />When deposited wait a nallOnally meogui2ed ...might Courier, or. it maned, when deposited in the United States bull, as first Glass, cartibed or
<br />regfalerw mail pasta.. prepaid, directed to the addresses shown near the beginning of this Deed of Trust Al, Copies Of notices of foreclosure
<br />from the holder of any Ile, woleh had priority over this Deed of Trust shall be sent to Lenders address, as shown near the begenllg of this Dead
<br />of Trust. Any Person may change his fe her address for notices under this Dead of Trust by giving formal written notice to ire other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes. Tmalor agrees' to keep Lender
<br />Informed at all tines of Trustor s' current address, Unless, sharwfse prowmal or required by law, al Ihem Is more than one Truster, an, notice
<br />given by Lender to any Tel is deemed to be notice given to all Trusters. II will be Tonfor's responsibility to tell the others of the notice from
<br />Land.,.
<br />MISCELLANEOUS PROVISIONS. The following misculDma us p(ovasior5 are a pan of into Dead of Trust.
<br />Amendments. What is written in this Dear, of Trust aM in the Related Documents is Trudter's entire agreement wild Lender concerning the
<br />maters covered by this Deed of Trust. To be edecdve, any Change or amendment to this Deed of Trust must M In writing add must be
<br />Signed by whoever will be bound or Wligated by the Chang. or amendment.
<br />Caption Headings. Caption headings an this Dead of Trust are for Direhowd. purposes only antl are hot to be used to interpret or define
<br />idle do, suns dl the Doug CI Trust.
<br />Merger. There shall be no merger M the interest or slate created by this Deed of Trust with any other interest or stale in the PdPMY at
<br />any time had by or for •.ho bendbt of Lender In any dMadly, without the written Consent of Lender.
<br />Gdvable, Lew. This Dead of Trust win be q.vCrnW by and Interpreted In accordance with Rdoml law and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Leader In the Stale of Nebraska.
<br />Cholce of Venue It Ihem a a lawsuil, Truster agree, u,xdn Ldddrs request I0 submit to the jur156ctall of the Courts of Merrick County,
<br />State 01 Nebraska.
<br />Joint ontl Several Lediality. All oblge61's of Borrower and Trusrdr untlor This Dodd of Trust shell be joint and several, and all references to
<br />Truster shun mean each and every Truster, and of references to Borrower shall amen each nM every Borrower. This moans that ouch
<br />Bordwor and Toaster signing below is responsible for all obligations in this Dead of Trust.
<br />No Waiver by Lender. Truslor Conscience Lander will not give up any of Lender's rights under Ihis Doug of Trust unless Lender does so in
<br />writing. Too lac( that Lender delays or omits to exercise any light wall not mean that Land., has n,,ad up that light. If Lender does agree in
<br />wmmg to give up one of Lender's dghls, that duds not nerd Truslor will not heed to comply w "th td. other prowzy.od of this Dead of Trust.
<br />Truslor .!,a mud's Peen that II Lentler does Consent to a retu.>'L that does not mean that Tmstof Will not have to got Lenders consent
<br />...in al In. prealm" radical" agakL Treater further andenalnnda that lust because Lander Consents to one Or roved 01 Traslor'a requests,
<br />that does not mean Lender will be required to Consent W any of TNSIOrs tutors equ0fla. Thisher Waives presentment demand for WYrmle,
<br />,metal, and notice of dishonor.
<br />Sevembi,lty. If a court finds that any provision Of Ihis Deed of Trust Is not valid or should nm be enforced drat [.at by I[Soft wall net mean
<br />that the rest of this Deed of Trust will not be valid or enforced, Therefore, a calm will enforce the rest of the provisions of this Dow of Trust
<br />oven if . proNSOn of Ihis Dow of Trust may be found to be invalid or oneneorceable.
<br />Successors antl Asslgns. Subject to any limitations Stated In Ihis Deed of Treat on lender dl raids a Interest, this Deetl of Trust shall ad
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