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DEED OF TRUST 200213382
<br />Loan No: 34623 (Continued) Page 5
<br />entitled, may as oxercisw, cn currently e, indel endentiy, from time to time and as often ar, Tiny be deemed expellent by Trustee or Lender,
<br />anti either at therm may purse< r., ,sisout remetlies. Nothing in Ins Dead of Trust shall du conslww as prohibiting Lender from seeking a
<br />deficiency judgment against the Trustor W the extent such action is pennilles by law_
<br />Election of Remedies. All of Lenders ughe and remedies will he cumulative and may be ,:xero,seaf alone or together, It Lender decides to
<br />spend money or to pension cry at Trust,,', obligations notion this Dead of Trust, after Truzror's failure to an so, that Mail by Lender will
<br />not affect Lenders right to doe: are Trustor in default and to oxarcise Lender's remetlies.
<br />Request for Notice. Trustor on behalf of Trusts, and Londe,, hereby raccomas that a copy of any Notice of Default and a copy of any Noose
<br />of Sala under this Cash of Trust be mailed to them at the addresses set for Ia the first pamyaph of Me Dead of Trust.
<br />Attomayi Fees; Expenses. If Lenher Institutes any suit or action to enforce any of the Ice ns of this Deed of Trust. Lender shall be entitles
<br />to recover soon son as the court may adjudge raasonable as attorneys' fees at trial and upon any appeal. Whether or Out any court action Is
<br />Involved, and t0 the ..fact no prohibited by face, all rea90nada expenses Lender hours vial in Leaders Opinion are necessary at any time
<br />for the protection of as interest or the enforcement of Its rights shall become a pad of the Ineabtodness payable con demand and shell Lear
<br />Interest at me Note rate from the darn Of the experditure until rapid Expanses covenaf by this paragraph include, without limitation,
<br />however subject W Any limits .do, applicable law, Leader s attorneys' fees and Lender's legal expenses, whether Or not there Is a lawsuit,
<br />Including ado 11 fees and expenses for bankruptcy proceedings inclusion efforts to mndify or vacate any norms k stay or Injunction),
<br />Appeals , and any anticipated over Judgment collection services, Me cost of searching mcooia, obtaining title reports (iootuding foreclosure
<br />reports), surveyors' reports, and appreisal tons, film Insurance, and lees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay Any rand costs, in addition to of other sums pmvlded by law .
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Leader As set land In this section.
<br />POWERS AND OBLIGATIONS OP TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of Nis Dead Of
<br />Trust
<br />Powers of Trusts. In adi r le of powers of Trustee arising as a matter of law, Trusted shall have the power to lake Me following actions
<br />with support to the Properry neon the v,ur request of Larder and Trustor: (a) loin in preparing and filing a map at plat of Me Real
<br />Property, including the tladkeing of streets or other riahle to Me pudkf (b) join rn gtaneng any easement or creating Any maturation on the
<br />Real Preper,t anti (c) into In any sobardireft or other agreement affecting this Dead of Trost or the Interest of Lender under Nls Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qunI,t,oatbnc requited for Trustee under applicable law_ In addlbn to Me rights and remedies set forth
<br />above, with respect W all or any part of the ProparN, the Trustee shall have the fight to lorr+:lose by dutba and AL Ia, end Lender will have the
<br />right to foreclose by judicial foreclosure, in either case In accordance wino and to the full extant provided by applicable Aw.
<br />Successor Trustee. tender, at Leaders option, may from time W lime appoint a successor Trustee to any Trustee appointed under this
<br />Dead of Trust by an Instrument executed and acknowledged by Lentler and recorded in Me office of to recorder of Hell County, State of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state III the m,er, at Me original Lender. Trustee, and
<br />Trustee the book and page for computer system reference) where Ma Dead of Trust a recorded, and the names and address of the
<br />successor Agenda and the instrument stall be critical and ecknowlecti by all the baneficarles untie, this Deed of Trust or their
<br />successors In Interest The successor trustee, without convoysnce of the Property, shall su read to all hands, power, anti duties conferred
<br />arx
<br />upon the Trustee in Nis Dl of Trust and by applicable law. This procedure far substrut en of Trustee shall govern Ind the ..(AU on Of All
<br />other provaters for substrullon.
<br />NOTICES. Any ,wiles required to be given under Mis Dead of Trust, including waited limitation arty notice of default and any ,arise of sale shall
<br />be given re writing, and shall be efficowe when actually delivered, when actually racelved by uilefecsimile (unless otherwise required by law),
<br />Linen dOpOalted with a nalbaally RtAgnizad Overnight colaa, or, It nestled, whOn decal ted In the United states man, as first Cass, certified Or
<br />registered mail postage prepaid directed to the addresses Shawn near the beginning of MIS Dead of Trust. AN copies Of ranks- of fweclosare
<br />from the tdlder of any lien which has prior Iry over this Deed of Trust shall be sent to Lender's address, as shown near Me beginning of this Dead
<br />re Trust. Any parson may change his or her address far rdtices under Use Dead of Trust by giving formal written real to the order person or
<br />persons, spacitying met Me purpose of the notice is to change the person's address, For not" purposes, Trustor agrees W keep Lender
<br />informed at all times of Truslor's current address_ Unfass 0,,, al provNetl or regar ed by law. H mare is more than ate Tal any notice
<br />yiveO by Lender to any Trustor Is desrnw to be notice given to all Trustors it will be Theater's iseparalbillly to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS_ The fbIL -sr g miscallaneeus provisions are a pad of this Deal of Trust.
<br />Amendments. What Is wnuon In tits Dead of Trust and In the Related Doruneents is Tu.r;n 's entire agreement with Leader concerning the
<br />matters covered by this Ueed of Tnu,t TO he effective, any Change or amendment to Iho Deed of Trust must be In writing and must be
<br />signed by whoever will do bun td or nhnpatarf by the change or Amandmem.
<br />Caption Headlogs. Caption headin, In this Dead of Trust are for convenience purposes only and are not to be used to interpret w define
<br />me provisions of this Dead of Lost
<br />Merger. There shall be he rree,pr of this interest or estate created by this Dead OI Trust with any other Interest or wale in me Property at
<br />any time held by or for the hereht of Lander in any capeoity, without the relaen consent of t L dar.
<br />Governing Law, This Dead of Trust will be governed by and Interpreted in accordance with federal law and the lawn of hie State of
<br />Nebraska. This Deed of Treat has been accepted by Lender In Me State of Nebraska.
<br />Choice 01 Venue. 11 there is a lawsun, Trustor agrees upon Lenders request to submit m the jcriAdiation of Me coeds of Moral County,
<br />Suite of Nebraska.
<br />Joint and Several Liability. 411 obllrlations of Borrower and Trustor under this Dead of 1 rust shall he joint and several, and all references to
<br />Trustor shall mean each entl every Trustor, and all references to Borrower shall mean each and every Borrower, This means that each
<br />Borrower entl Trustor sign.... below , responsible for ell obligations m MIS Dead of Trust.
<br />No Waiver by Lender. Trustor aft vtard , Lender will not give up any of LaMar 'a bill under this Deed of Trust unless Larder does so In
<br />writing. The fact Mat Leader belays or emits to exercise any right will not mean that Lander has given up Nat right. If Leader does agree In
<br />writing W give up one of Lender's rights, that does not mean Trustor will cwt have to comply with do omen provisions of this Deed of Trust
<br />Trustor eau urMeretands that if Lender does consent to a decal that does not mean Mat Trustor will rot have to gel Lerder'S consent
<br />again If the situati in happens again Trustor further urderstarnds mat lust because Lander consents to we or more of Trustor's requests,
<br />that does not mean Leader will an required to consent to any Ol Thertars future requests. I ustor waives presentment, demand for payment,
<br />protest, and drake of dishonor.
<br />Sevarability. If a each finds trial any ruscslon of this Dead of Trust as not valid or should not loo enforced, that fact by Itself wilt not mean
<br />that the rest of this Dead of Tmsl will oat be valid Or enforced. Therefore, a each will entomu 00 rest at me provisions of the Deed of Trust
<br />even if A provision Of this Deed of Trust may be found to he Invalid or or anfoOaable.
<br />Successors and Assign. Subject to one lim stions sated in Mis Dead of Trust On irnm;lar of Trustor e Interest, be Dew of Trust shall be
<br />Mode rg upon and inure to me OAllen, of and "Iles, their successors and Assigns. If owns ship Of the Proper, baeames voctw in a person
<br />other than Trustor, Lender vnnhour nonce to Trusts,, may deal with Trustors successors with reference to Mee Dead of Trust and the
<br />Indebtedness by way of forbearance or extension allboul reloaeing Trustor fawn Me oroh,eaons M the Deed of Trust or lability under sire
<br />Indedednees.
<br />Time Is of the Essence. TAn D is of the esesance in iha performance of this Deers of Trust.
<br />Waiver of Homestead E..I,tlun. Gusto hereby releases ead waives all rights and bennhtS of Mn homestead exemption laws Of to State
<br />of Nebraska as to all hMebtedness senurw by this Dead of Trust.
<br />DEFINITIONS. The following want; sholl Iavo the following meanings when uses In this Deer) of Trust:
<br />Beneficiary. The word "Beneficiary " means Bank of Clerks, and its successors and assigns.
<br />Borrower. The word'BOrrow r- means Jose L. Moeas, and all Other persons and entities igj to Note.
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