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200209721 DEED OF TRUST
<br />Loan No: 1583665 (Continued) Page 5
<br />each of them, shall be eWilled to enforce this Dead of Trust and any other security now or hereafter held by Lander or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy contorted upon or reserved to Trustee or
<br />Leader, 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 />antl shall be in addition to every other remedy given In this Dead of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee m Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently 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 remedies. Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Truster 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 Truster under this
<br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Request for Notice. Truslor, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Dead of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender preludes 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' 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 necessary at any time
<br />for the protection of its Interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure urfil 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 atorneys' lees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and Was for the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />Rights of Trustee. Trustee shell have ail 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 pad of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Truslor: (a) join in preparing and filing a map or plat of the Reel
<br />Properly, including the dedication of sheets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement starting this Dead of Trust or the interest of Lander 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 pert of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shell have
<br />the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hell County, State of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by stale law, the names of the original Lander, Trustee, and
<br />Trustor, 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 shell 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 Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee 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 shell be effecfive when actually delivered, when actually received by telefacstmile (unless otherwise required by law),
<br />when deposited with a nafonally recognised overnight courier, or, If mailed, when deposited in the United Stales mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of forecosure
<br />from the holder of any Ilen which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any party may change Its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Truster agrees to keep Lender informed at all times of Trustor's
<br />current address. Unless otherwise provided or required by law, if there Is more than one Truster, any notice given by Lander to, any Truslor is
<br />doomed to be notice given to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust:
<br />Amendments. This Used of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
<br />as to the matters set forth in this Dead of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing
<br />and signed by the party or padles sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. if the Property is used for purposes other than Trustor's residence, Truslor shall furnish to Lander, upon request, a certified
<br />statement of net operating income received from the Property during Truster's previous fiscal year In such form and detail as Lender shall
<br />require. "Net operating income' shall mean all cash receipts from the Properly 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 dean.
<br />the provisions of this Deed of Trust.
<br />Merger. There shell be no merger of the interest or estate created by this Dead of 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 written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal IoW and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender In the Slate of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to
<br />Truster shall mean each and every Trustor, and all references to Borrower shell mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lentler. No delay or omission on the pad of Lender In exercising any right shell operate as a waiver of such right or
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shell not prejudice or constitute a waiver of Lender's right otherwise
<br />to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br />dealing between Lender and Trustor, shell constitute a waiver of any of Lender's rights or of any of Trustor's obligations 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 confinuing 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 />Severabllity. If a court of competent jurisdiction finds any provision of this Deed 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 feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, it shall be considered deleted from this Dead of Trust. Unless otherwise required by law, the
<br />illegality, Invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's Interest, this Deed of Trust shell 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 Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor ham the obligations of this Deed of Trust or liability under the
<br />Intlebtetlness.
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