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DEED OF TRUST
<br />(Continued) 200209907 Page
<br />mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by
<br />court acton or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect
<br />Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Under, it being agreed that
<br />Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Under or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or
<br />reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provitletl or permitted, but
<br />each shall he cumulative and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in
<br />equity or by statute. Every power or remedy given by the Credit Agreement or any of the Related Documents to Trustee or Lender or to
<br />which either of them may be otherwise entitled, my be exercised, concurrently or independently, from time to time and as often as may be
<br />deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be
<br />construed as prohibiting Lender from seeking a deficiency judgment against the Truster to the extent such action is permitted by law.
<br />Election of Remedies. At of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to
<br />spend money or to perform any of Trustee's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will
<br />not affect Lenders right to declare Truster in default and to exercise Lender's remedies.
<br />Request for Notice. Truster, 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 institutes any suit or action W 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 />involved, and to the extent not prohibited by law, all reasonable expenses Under 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 part of the Indebtedness payable on demand and shall bear
<br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without
<br />limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whether or not there is a
<br />lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or
<br />injunction), appeals, and any anticipated post- judgment collection services, the cost of searching records, obtaining file reports (including
<br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Truster also will pay any court costs, in addition to all other sums provided 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 relating to the powers and obligations of Trustee are part 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 Truster: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets 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 affecting 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 at forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the
<br />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 recordetl in the office of the recorder of HALL County, State of
<br />Nebraska. The instrument shall contain, in addition M all other mature required by state law, the names of the original Lender, Trustee, and
<br />Truster, 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 Dead of Trust or their
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the tire, power, and duties conferred
<br />upon fie Trustee in this Dead 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 effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when defecated with a nationally recognized overnight courier, or, ft mailed, when deposited in the United States mail, as first class, earthed or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Dead
<br />of Trust. Any person may change his or her address for notices under this Dead of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notes purposes, Truster agrees to keep Lender
<br />informed at all times of Truster's current address. Unless otherwise provided or required by law, I there is more than one Truster, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trusters. It will be Truster's responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
<br />Amendments. What is wnften in this Deed of Trust and in the Related Documents is Truster's entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Dead of Trust must be in writing and must be
<br />signed by whoever will he bound or obligatetl by the change or amendment.
<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 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, witfrout the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by and interpreted in accordance with federal law and the laws of the State of
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