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DEED OF TRUST
<br />Loan No: 19786 (Continued) 200214594 Pages
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, Including costs of
<br />evidence of titre In connection with sale, Trustee shall apply the proceeds of sets to payment of (i) all sums expanded under the
<br />terms of this Deed of Trust or under the terms of the Note not than repaid, including but not limited to accrued interest and late
<br />charges, (it) all other sums then secured hereby, and (iii) 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
<br />Indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Dead of Trust, under the Note,
<br />under any of the Related Documents, or under any other agreement or any laws now or hereafter In force; notwithstanding, some or all of
<br />such indebtedness and obligations secured by this Deed of Trust my nos: or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Dead of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained In this Dead of Trust, shall prejudice or in any manner affect Trustee's or Lender's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order
<br />and manner as they or either of them . may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Dead of Trust or by law provided or permitted, but each shall be cumulative
<br />power or remedy given by the Note or any of the Related Documents to imste9 M Lander or to which Near or mein may oe 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 Trust" to the extent such action is permitted by law.
<br />Election of Remedies. All 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 The a's obligations under this Dead of Trust, alter Trustor's tailum to do so, that decision by Lender will
<br />not affect Lender's night to declare Trustor in default and to exercise Lender's remedies. -
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the firs) paragraph of this Dead of Trust.
<br />Attorneys' Fees; Expenses. If 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' We at teal and upon any appeal. Whether a 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 an demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's aftaneys' fees and Lenders legal expenses, whether or not there is a lawsuit,
<br />including attorneys' lees and expenses for bankruptcy proceedings ( ircluding oHods to modify or vacate any automatic stay or injunction),
<br />appears, and any anticipated post— judgment collection services, the cost of searching records, obtaining dike reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />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 EIS 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 wising as a matter IN law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Trustor: (a) join In preparing and filing a map or plat of the Reel
<br />Property, including the dedication of streets or other right to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination ar,olhor agreement affecting ibis Deed of Trust or the Interest of Lender under this Dead of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifkations required for Trustee under applicable law. In addition to the fight 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 notice and sale, and Lender will have the
<br />right to foreclose by judicial foreclosure, in either case In accordance with and to the lull 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 Merrick County, State of
<br />Nebraska. The Instrument shell contain, in addition to all other matters required by state law, the names of the anginal Lender, Trustee, and
<br />Trustor, the book and page (or computer system reference) wham 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 beneficlarts 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 Dead of Trust and by applicable law. This procedure far substitution of Trustee shall govern to the exclusion of ail
<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 taletaaimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or. if maned, when deposited In the United Stets mail, as first case, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of Iris Dead of Trust All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Dead d Trust shall be sent to Lenders atltlress, as shown new the beginning of this Dead
<br />of Trust. Any person may charge his or her address for notices under this Dead of Trust by giving formal written holds to the other person or
<br />persons, specifying that the purpose of the notice is to change the parson's address. For notice purposes, Trustor agrees to keep Lender
<br />Informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lender to any Trust" a deemed to be notice given to all Trusters. It will be Trustor's responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust:
<br />Amendments. What is written In this Dead of Trust and In the Related Documents is Trusters entire agreement with Lender concerning the
<br />matters covered by this Dead of Trust. To be effective, any change." smandowl W this Deed of Trust must be In writing and must be
<br />signed by whoever will be bound or obligated 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 Deatl 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 and Interpreted In accordance with federal few and the laws of the State of
<br />Nebraska. This Deed of Trust has base accepted by Lender In the State of Nebraska.
<br />Choice of Venue. If there Is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the court of Merrick County,
<br />Stale of Nebraska.
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Dead of Trust shall be loin( and several, and all references to
<br />Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below Is responsible for all obligation in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lend" will not give up any of Lenders rights under this Deed of Trust unless Lender does so in
<br />writing. T he fact that Lander delays or omits to exorcise any right will not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lander's rights, that does not mean Trustor will not have to comply with the other provisions of this Dead of Trust.
<br />Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's Consent
<br />again it the situation happens again. Trustor further understands that just because Lender consent to one or more of Trustor's requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
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