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Loan No: 1551209 200207139 DEED OF (ConIIBtrUetl TRUST
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<br />cooled, may be exercised, concurrently or Independently, from time to time and re Oran as may be deemed expedient by Trustee or tender
<br />and either of them may pursue inconsistent remedies. Nothing In this Deed of Trust shell be construed as crabbing Lender from seeking a
<br />deficiency judgment against the TNSIor to the extent such action Is permitted by law. Election by Lender to pursue any remedy shell not
<br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this
<br />Deed of Trust, after Trusters failure to perform, shall not erect Lenders right to declare a default and exercise 15 remedies
<br />Request for Notice. Trul on behalf of Trustor and Lender hereby requests that a copy of any Notice of Default and a copy of any Nolte
<br />of Sala under this David of Trust be mailed to them at the addresses set forth In the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. IT Lender Institutes any suit or action to enforce any of the terms of this Deed 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 />inolved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br />forr the prpleclion of its Interest or the enforcement of Its rights Shall become a pad of the Indebtedness payable on demand and shell bear
<br />Interest at the Note rate ham the dale 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 fees and Lender's legal expenses, whether or not there is a lawsuit.
<br />Including Shansi fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any eutomallc slay or Injunction),
<br />appeals, and any anticipated post judgment collection services, Ibe Cost of scorching records, obtaining title repels (including foreclosure
<br />moods), surveyors' reports, and appraisal lees, tine insurance, and free for the Trustee, to the extent permitted by applicable law. Truslor
<br />also will pay any court costs, In addition to all other sums provided by law.
<br />Rights of Trustee. Twera shall have all of the rights and duties of Lender as set lamb In this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and radical of Trustee are pad of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of Isar Trustee shell have the power to lake the following ac ens
<br />with respect to the Property upon the written request of Lender and Truslor: (e) loin In preparing and flung a map or plat of the Real
<br />Property, Including the dedication of streeg or other rights to the pumirc (b) loin In granting any monomial or creating any resection on the
<br />Real Property, and (c) join In any subordination or other agreement al lag this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<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 per] of the Property, the Trustee shell have the right to foreclose by notice and sale, and Lender shall have
<br />the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by socia le few_
<br />Successor Trustee. Lender, al Lender's option, may from time to lime appoint a successor Trustee to any TNStee appointed under this
<br />Deed of Trust by an Instrument executed and acknowledged by Lender and receded in the office of the recorder of Hell County. Steve of
<br />Nebraska. The instrument shall contain, In eddlton to all other mefters required by state few, the names of the original Lander, Trustee, and
<br />Trader 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 In Interest The successor trustee, without conveyance of the Properly, shall succeed to all the tile, power, and duties conferred
<br />upon the Tr Stee In this Deed 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 notice required to be given under this Deed of Trust, Including without limitation any notice of default and any notice of sale shall
<br />be given In writing, and shall be ellecllve when actually delivered when actually received by tetefacshle (unless otherwise required by few),
<br />when recovered! with a nationally recognized overnight couneG or, if mailed when deposited In the United States mall, as firs] class, Periled or
<br />registered mail postage prepaid directed to the addresses shown near the bcglpnlng of this Deed of Trust All copies of notices of foreclosure
<br />from the holder of any Ilan which has priority over this Dead at Trust shell be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any party may change its address for haul under this Deed of Trust by giving formal written nonce to the other pales, specifying that
<br />the purpose of the notice is to change the party's address. For nonce purposes, Truster agrees to keep Lender informed at all times of Trusters
<br />anti address. Unless otherwise provided or required by law, if there is more than one Truster, any nonce given by Lender to any Terser Is
<br />deemed to be nonce given to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The fallowing miscellaneous provisions ere a pert of this Deed of Trust:
<br />Amendments. This Deed of Trust together with any Related Documents, constitutes the satire understanding and agreement of the pales
<br />as to the matters set forth In this Deetl of Trust. No alteration Of or amendment to this Deed of Trust Shall be effective unless given In wrflng
<br />and signed by the party or parties sought to be charged or bound by the alteration or amentlment.
<br />Annual RepINts. If the Property Is Used for purposes other than Truslors incidence, Truslor shall (under to Lender, upon request, a retired
<br />statement of net operating income received how the Property during Trustor's previous fiscal year In such form and detail as Lender sM1all
<br />require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the
<br />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 define
<br />the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the Interest or estate created by this Deed W Trust with any other Interest or estate In the Property at
<br />any time held by or for the benefit of Lender In any capacity, without the wrmen consent of Lender.
<br />Governing Levy. This Dead of Trust will be governed by, Construed and enforced In accordance with federal law and the laws of the
<br />Stele of Nebraska. This Deed of trust has been accepted by Lender in the Stale of Nebraska.
<br />Joint and Several LIablllty. All obligations of Bpnower and Truster under this Dead of Trust shell be join) and several, and all references to
<br />Truster shall mean each and every Trader, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below Is responsible for all obligations in this Good of Trust
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waive, Is given in
<br />writing and signed by I ender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or
<br />any other right A waiver by Lender of a provision of this Deed of Trust shall not Prejudice or constitute a waiver of Lander s right otherwise
<br />to demand strict compliance with that provision or any other provision of this Dead of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shall consltWe a waiver of any of Lender's right or of any of Trusters obligation as to any future
<br />transactions. whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance
<br />shell not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be
<br />granted or withheld In the sole discretion of Lender.
<br />Severabilily. If a court of competent jurisdiction finds any provision of this Used of Trust to be Illegal, Invalid, or unenforceable as to any
<br />person or circumstance, that finding shall not make the offending provision illegal Invalid, or unenforceable as to any other person or
<br />circumstance If leestble, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the
<br />olfendtng provision cannot be so modified, II shall be considered deleted from this Deed of Trust Unless otherwise required by law, the
<br />illegality, invalidity, or unenfomeabBlly of any provision of this Deed of Trust shell not effect the legally, validity or enfurceabdify of any other
<br />provision of Deed of Trust.
<br />Successors and Assigns. Subject to any limitations staled In this Deed of Trust on transfer of Trusters 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 Thai Lender, without notice to Truster, may duel with Truslors successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligation of this Deed of Trust or liadtliry under the
<br />Indebtedness.
<br />Time Is of the Eveence. Time is of the essence In Na performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Thaler hereby releases and waives all rights and benefits of the homestead exemption laws of the Stale
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust
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