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DEED OF TRUST 200207329
<br />Loan No: 774534 (Continued) Page 7
<br />ulecbon to make expenditures or to take action to ."fare an obligation of Trustor under this Dead of Trust, after Trustor's failure
<br />t'i perform, shall not affect Lender's right to declare a distrait and exercise its remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hemhy requests that a copy of any Notice of Default tool o copy of any
<br />Notice of Sale under mile Deed of Trust be mailed to them at tiro addresses set forth In the first paragraph of this Dead of Trust
<br />Attorneys' Fees; Expenses. If Lendcf institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled in Forever such sum se the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />art action is morlwid, and to the extent not unhill by law, all reasonable expenses Lander repr, that In Lender's opinion are
<br />nessary a any time for the promenno of its Interest or the enforcement of its rights become a part of the Indebtedness payable
<br />n t shall demand and shell bear Interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph
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<br />colada, without limitatiun, however subject to any limits under applicable law. Lender's attorneys' fees and Lender's lugs l expenses,
<br />whether or not there Is a laws.!,, Including attorneys' foes and expenses for bankruptcy proceedings (including efforts to modify o
<br />rate any automatic stay or induration), appuals, and any anticipated postjudgment eolleohen services, the cost of searching
<br />records, churning tide reports (including foreclosure reports), s veyorn' reports, and appraisal fees, title insurance, and fees for the
<br />Trinmee, to the extent uF
<br />permitted by applicable law. Trustor also will pay any court costs, In addition to all crie sums prpmtletl by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as see forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions printing to the powers and obligations of Trustee are part of this
<br />Deed of Trust
<br />Powers of Trustee. In addition m all powers of Trusted arising as a matter of law, Trustee shall have the power to take the following
<br />actions with 1—tou to the Property upon the written request of Lender and Trustur fat join In preparing and filing a map or plat of
<br />the Real Property, Including the dedication of streets o r r
<br />other Firms to the public: (b) join in granting any easement o uahng any
<br />restriction on the Real Property; and Ic) join in any subordination or other agreement affecting this Deed 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 ahnve, with respect to all or any part of the Property, the Trust.. shall have the right to foreclose by notice and solo, and Lender
<br />shall have the right to foreclose by judicial foreclnsurs, is either case In accordance with and to the full extent provided by applicable
<br />ow.
<br />Successor Trustee. Lender, al Lender's option, may from time to time aPPUint a successor Trustee to any Trustee appointed under
<br />this Duod of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument .shall ,,plain, IF addition to all other matters required by brute low, the names of the original
<br />Lender, Trustee, and Truster, the book and page (or computer system reference) wlmre this Deed of Trust Is recorded, and the cam,
<br />and address of the opeccssor trustee, and the instrument shall be executed and acknowledged by all the beneficiarieb under this Deed
<br />of Trust or their successors In lnteresn. The s n trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed or Trust and by applicable law. This procedure for substitution of Tnerms,
<br />shall govern To the exclosiun of all other provisions for substitution.
<br />NOTICES. Any noose « ,,aired to be given under this Dearl of Trust, bmledleg without limitation any notice of default and any notice of
<br />Idle shall be given in writing, and shall be effeorive when actually delivered, when actually re ved by teffecsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight ...Fier, or If malted, when deposited In the United States mail, a
<br />first class, certified or registered mail postage prepaid, directed to the addroures shown near the beginning of this Deed of Trust. All
<br />copies of nutous of foreclosure from the holder of any lien which hoe priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the be,pret ng of this Deed of Trust. Any party nmy 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 [be party's address, For notice purposes, Trustor
<br />agrees to keep Lender Informed at all firms of Trustor 's current address. Unlnss otherwise provided or required by law, If there ,
<br />than one Trust,, any notion given by Lender to any Truster is deemed to be notice given to all Trustors. rnurL
<br />MISCELLANEOUS PROVISIONS. The following peocellrnuous provisions are a part of this Dead of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, cnnnril The entire understanding and agreement of the
<br />parties as to the matters cut forth In this Deed of Trust No alteration of or amendment to this Deed of Trust shall he effective unless
<br />given In writing and sigrmd by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is psod for purposes other than Trustor's mtersera, Truster shall tarnish to Lender, upon rani —it, a
<br />certified statement of not operating income received from the Property during Trustur's previous fiscal year in such turn, and Third as
<br />Lender shall require. "Net operating in 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 ccnvnnien a purposes only and are not to be used to interpret or
<br />define fh. provisions of Oils Deed of Trust,
<br />Merger, There shall be no merger of the Interest or estate created by this Deed of Trost with any other interest or estate In the
<br />Property at any time hold by or for the benefit of Lender in any caparity, 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
<br />County, State of Nehoeor
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references t. Bormwor shall mean each and every Borrower. This
<br />means that each Borrower and Trustur signing below Is responsible for all obluotimis in this Deed of Trust.
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