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10.02 -2002 DEED OF TRUST 200210597 Page 5
<br />Loan No (Continued)
<br />the United Stales payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient dead or
<br />deeds conveying the property so sold, but without any covenant or warranty, express or implied. The fact in such deed of any matters
<br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Truster, Trustee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, Including casts of evidence of
<br />title in connection with sale, Trustee shall apply the proceeds of sale to payment of (1) all sums expended under the terms of this Deed of
<br />Trust or under the terms of the Note not than repaid, including but not limited to accrued interest and late charges, (ii) all other sums then
<br />secured hereby, and Oil) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any Indebtedness
<br />or obligations secured by this Deed of Trust and to exercise all rights and powers under this Dead of Trust, under the Note, under any of the
<br />Related Documents, or under any other agreement or any laws now or hereafter in force; nolwithstanding, some or all of such Indebtedness
<br />and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien,
<br />assignment or otherwise. Neither the acceptance of this Deed of Trust nor Its enforcement, whether by court action pr pursuant to the power of
<br />sale or other powers contained in this Dead of Trust, shall prejudice or In any manner affect Truslee's or Lender's right to reaftes upon or
<br />enforce any other security now or hereafter held by Trustee or Lender, It being agreed that Trustee and Lender, and each of them, shall be
<br />emitted to enforce this Dead of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or
<br />either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended to be
<br />exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative and shall be in addition to
<br />every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every power or remedy given by the
<br />Note or any of the Posed Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised,
<br />concurrently or Independently, from time to lime and as often as may be deemed expedient by Trustee or Lander, and either of them may
<br />pursue inconsistent remedies. Nothing in this Dead of Trust shall be construed as prahibiling Lender from seeking a deficiency judgment
<br />against the Trustor to the extent such action is permitted by law.
<br />Request For Notice. Treetop on behalf of Tester and Lender, hereby requests that a copy of any Notice of Default and a copy at any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Dead of Trust shall not constitute a waiver of or
<br />prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lander to pursue any
<br />remedy provided in this Deetl of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy,
<br />and an election to make expenditures or to take action to perform an obligation of Truster under this Dead of Trust after failure of Truster to
<br />perform shall not affect Lender's right to declare a default and to exercise any of Its remedies.
<br />Rights of Trustee. Trustee shall have all of the rights and dukes of Lender as senodh in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions ruling to the powers and obligations of Trustee are pad of this Dead of
<br />Trust.
<br />Powers of Trustee. In atltlition 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 Louder and Truster: (a) join In preparing and filing a map or plat of the Real Property,
<br />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;
<br />and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lander under this Dead of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies sal forth above,
<br />with respect to all or any pad of the Properly, the Trustee shall have the right to foreclose by notice and sale, and Lander shall have the right to
<br />foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an
<br />instrument executed and acknowledged by Lander and recorded in the office of the recorder of HALL County, Nebraska. The instrument Shalll
<br />contain, in addition to all other matters required by stale law, the names of the original Lander, Trustee, and Truster, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall
<br />be executed and acknowledged by all the beneficiaries under the Dead of Trust or their successors in interest. The successor trustee, without
<br />conveyance of the Property, shall succeed to all the title, power, and duties confismad upon the Trustee in this Dead of Trust and by applicable
<br />law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing, may be sent by telefacsimile (unless
<br />otherwlse required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, P
<br />mailed, shall be deemed effective when deposited in the United Stales mall first class, certified or regislared mail, postage prepaid, directed to the
<br />addresses shown near the beginning of this Dead of Trust. Any party may 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 the party's address. All copies of notices of foreclosure from
<br />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 of Trust.
<br />For notice purposes, Truster agrees to keep Lender antl Trustee informed at all times of Trustersa current address.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
<br />to the matters set forth in this Deed of Trust. No alteration of or amentlment to this Deed of Trust shall be affective unless piker) In writing and
<br />signed by the party or paNes sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trusters residence, Trustor shall furnish to Lender, upon request, a certified
<br />statement of net operating income received from the Property during Trustoi's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation
<br />of the Property.
<br />Applicable Lew. This Deed of Trust has been delivered to Lender and accepted by Lander In the Stale of Nebresks. This Dead of Trust
<br />shall be governed by and construed In Accordance with the laws of the Stale of Natural
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define the
<br />provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with Any other interest or estate in the Property at any
<br />time held by or for the benefit of Lander in any capacity, without the written consent of Lender.
<br />Severabillty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br />circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If portable, any
<br />such offending provision shell be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision
<br />cannot be so modified, it shall be Stricken and all ether provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br />Successors and Assigns. Subject to the lanitations stated In this Dead of Trust on transfer of Trusterss 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 Trustor. Lander, without notice to Truster, may deal with Theater's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Theadix from the obligations at this Dead of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Eseence. Time is of the essence in the performance of this Dead of Trust.
<br />walvers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents)
<br />unless soon waiver is in writing and signed by Lentler. No delay or omission on the part of Lender in exercising any right shall operate as a
<br />waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br />party's right otherwise Ip demantl strict compliance witM1 trial provision or any omar provision. No prior waiver by Lander, nor any course of
<br />dealing between Lender and Trui shall constitute a waiver of any of Lender's rights or any of Truslor's obligations as to any future
<br />transactions. Whenever consent by Lender Is required in this Dead of Trust, the granting of such consent by Lender in any instance shall not
<br />constitute continuing consent to subsequent instances where such consent Is required,
<br />Waiver of Homestead Exemption. Theater hereby releases and waives all rights and benefits of the homestead exemption laws Of the Slate of
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