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DEED OF TRUST Loan No: 1551209 200207138 (Continued) Page 5 entitled may be exercised concurrently or independently, from time to time and as oxen as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing In this Deed Of Trust small be construed as onplibling Lender from seeking a dsfidency judgment against the Truslor to the extent such aclion Is permitted by low. Election by Lender to pursue any remedy shall not exclude pursue of any other remedy, and an election to make expenditures or to take action to perform an obligation of Truster under this Deed of Trust, after Tmser5 tenure to pedarm, shall not effect Lender's right to declare a default and exempts its remedies. Request for Notice. Truslor, on behalf of Trusts and Lender hereby requests that a copy Of any Notice of Default and a copy of any Nofi0.' of Sale under this Used of Trust be mailed to them at the addresses set forth In the tlr51 paragraph of this Deed of Trust Attorneys' Fees: Expenses. It Lender Ns iiWRS any suit or aclion to enforce any of the terms of this Deed of Trust Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' lees at III and upon any appeal. Whether or Plot any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that In Lender's opinion are mandatory at any time for the protection of Its Interest or the enforcement of it rights shell become a pad of the Indebtedness payable on demand and shall bear Interest at the Note rate from the dale of the expenditure unlit repaid. Expenses covered by this paragraph Include, without fmilaliorr, however subject to any nmtis under applicable law, Lentlars attorneys fees and Lender's legal expenses, whether Or not there is a lawsuit including attorneys' Tres and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or IhuncHOn), appeals, and any anticipated pact judgment collection services, the cost of searching records. screening the reports (Including procedure reports), surveyors' reports, and appraise l lees, title Insurance, and lees for the Trustee, to the extent permitted by applloabler law. Truster also wm pay any court costa, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of rights and duties of Lender as set form In this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provident helping to the powers and obligations of Trustee are pad of this Deed of Trust Powers of Trustee. In addition to all powers of Trustee arising Bs a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the wrlllen request of Lender and Trvslor'. (a) Ioln in preparing and filing a map ar peal of the Real Property. Including the dedication of streets or other rights to the public) (b) join in granting any easement or creating any restriction on the Real Property, and (c) join In any subordination or Other agreement affecting this Deed of Trust or the interest of Lender under this Dead of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable few. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, me Trustee shall have the right to foreclose by notice and sale, and Lender shall have TO right to fa iermys by judicial farinhSUre, in either case In accordance with and to the full extent provided by applicable law_ Successor Trustee. Lender, at Lender s option, may from lime to lime scroll a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lentler and recorded in the office OI the recorder of Hall County, Slate of Nebraska. The Instrument shall conlairy in addition to all other matters required by stale law, the names of the original Lentler, Trustee, and Trusmr, the book and page for computer system reference) where Imo Deed of Trust is arced, and ma and address of me successor trustee, and the Instrument shall be executed and acknowledged by all me benenelerles under this Deed of Trust or men successors in Interest The successor tru lee, without conveyance of the Property, shall succeed to all the tale, power, and duties conferred upon the Trustee In this Deed of trust and by applicants few. The procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES, Any notice required to be given under this Dead of Trust, Including Allhoul Ilmllaidom any nollre of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by Ielefaosimlle (unless otherwise required by law), when deposited with a underlie recognized overnight courier, or, if mailed. when deposited in the united Slates man, as first class, retuned or registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All became of noflms OI foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender 'a address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by gtvtng formal written funds to the other parties, specifying Net the purpose of the Police is to change the party's address. For notice purposes, Truslor agrees to keep Lender informed el all limes Of Truslar's deerent address. Unless otherwise provided Or required by law, II there Is more than One Tmsloq any notice given by Lender to any Truslor Is med to be notice given to as Tr score. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Deed of Trust Amendments. This Deed OI Trust, together with any Related DocummnR, consumers the enure understanding and agreement of the panes as la the matters set forth In this Deed of Trust NO alteration of or amendment IO this Dead Of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alleretien or amentlment. Annual Reports. If the Properly Is used for purposes other than Trusfors reetlence, Truslor shall furnish to Lender, upon request, a credited statement of net operating Income received from the Property during Tmstor's previous fiscal year In such form and detail as Lender shall require. 'Net Operating income" shall mean all cash receipts hem the Property less all cash expenditures made in connection with the operation of the Properly. Caption Headings. Caption headings in this Dead of Trust are for canvenlence purposes only and are not to be used ID interpret or define the provisions of the Deed OI Trust Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any ether interest or estate In the Property at any time held by or for the b rnelll of Lender In any capacity, without the written consent of Lender_ Governing Lew. This Deed of TfuM will be governed by, construed and enforced In accordance with federal late and the laws of The State of Nebraska. This Deed of Thai has been accepted by Lender In the Slate of NebroAa. Joint and Several Liability. All obligations of Borrower and Truslor under this Deed of Trust shall be joint and several, and all quamncos to Truster shall mean each and every Truslor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Truster sgning below is responsible for all obligations In this Deed of Trust. No Waiver by Lender, Lender shell not be deemed to have waived any rights under this Deed of Trust unless such waiver is given In writing and signed by Lentler. No delay or omission on the part of Lender in exerdsing any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's night Otherwise to demand Vince compliance with that provision Or any other provision of this Dead of Rust No prior waiver by Lender, nor any course of dealing between Lender and Tms1or shall constitute a waiver of any of Lender's rlghry or of any of Tmslora obligations as to any future Iransecitl Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender In any Instance shall not consli u m continuing consent to subsequent Instances where Such consent is required and in all cases such consent may be granted or withheld In the sole discretion of Lender. SBVefablllty. If a court Of competent jurisdiction finds any proNsfen Of this Deed of Trust to be Illegal. Invalid Or unenforceable as to any person or cbcumslance, that finding shall not make the offending provision illegal, Invalid, or nenforceable as to any other person or circumstance. If feasible, the offending provision shell be considered modrted so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, II shell be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegally, invalidity, or threinforceabilry of any provision of this Deed Of Trust SM1ell not effect the legality, validity or enforceability of any Other provision OI this Deed DI Trust. Successors and Assigns. Subject to any limitations slated In this Dead of Trust on transfer of Truster 'a Interest this Deed el Trust shall be binding upon and inure to the benefit of the parties, Iheb successors and assigns. If ownership of the Property becomes vested In a person nine, than Trusbq Lender, without notice to Trustoq may deal with Tmsloh successors with reference to Ihls Deed of Trust and the Indebtedness by way of forbearance Or extension without releasing Truslor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Es nce. Time is Of the essence In the performance of this Deed of Trust. Waiver of Homestead Exemption. Trusmr hereby releases and waives all rights and beneats of the homestead exemption laws of Stele of Nebraska as to all Indebtedness secured by this Deed of Trust.