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DEED OF TRUST
<br />Loan No: 1601632 (Continued) 200211576 Page 5
<br />and manner as they or either of them may In their absolute discretion determine. No remedy conferred upon or resolved to Trustee or
<br />Lender, Is intended to be exclusive of any other remedy in this Deed of Trust or by law provided of permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given In this Deed 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 or 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 Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not
<br />monde pursuil 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. Trustor, on behalf of Truslor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale untler this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust
<br />Agorneys' 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 />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 became a pad of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from 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 attomeys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or injundlon),
<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, line Insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any could costs, In addnlon to all other sums provided by law.
<br />Righlb 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 dandelions 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 Truster (a) join in preparing and filing a map or plat of the Real
<br />Popehy, including the dedication of streets or other rights to the public: un join in granting any easement or creating any restriolton 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 set forth
<br />above, with respect to all or any pad of the Property, the Trustee shall have the right to foreclose by nolice 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 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 />Deed of Trust by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of Hall County, Stale M
<br />Nebraska. The instrument shall contain, in addition to all other matters required by stale law, the names of the original Lender, 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 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 title, power, and tluties 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 />ether 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 deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Stales mail, as first class, codified or
<br />registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall he seal to Lender's adtlress, 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 adtlress. For notice purposes, Truslor agrees to keep Lender Informed at all limes of Trusser 5
<br />current address. Unless otherwise provided or required by law, If there is more than one Trustor, any notice given by Lender to any Truslor is
<br />deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part 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
<br />as to the matters set forth In this Deed of Trust. No alteration of or amendment to (his Deed of Trust shall be effective unless given is writing
<br />and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Properly Is used for purposes other than Trustor 'a residence, Trader shall furnish to Lender, upon request, a certified
<br />statement of net operating income received from the Property during Trustor'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
<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 of Trost with any olherrinlerest 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 Lew. 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 />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Truster shall
<br />mean each and every Trustor, This means that each Truslor 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 Lender. 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 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, shall 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 />shall not constitute continuing consent to subsequent Instances where such consent is required and In all cases such consent mey be
<br />granted or withheld in the sole discretion of Lender.
<br />Severabllfty. It a court of competent jurisdiction finds any prevision 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 Deed of Trust. Unless otherwise required by law, the
<br />Illegality, invalidity, or uneaforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other
<br />provision of this Dead of Trust.
<br />Successors and Assigns. Subject to any limitations slated in this Deed of Trust on transfer of Tructore interest, (his 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 Truslor, 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 Truslor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is Of the Essence. Time is of the essence in the performance of this Deed of Trust. i
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