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<br />Loan No: 373051252
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200606192
<br />
<br />Page 5
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<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 Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be othnrwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or OTher powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or lender's right to realize upon or enforce any other security now or hereafter held by Trustee or lender, it
<br />being agreed that Trustee and lender, and each of them, shall be entitled to enforce this Deed of Trust and :my othflr security now or
<br />hereafter held by lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or rf!served to Trustee or lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or lender or to which either of them may be otherwise entitled, may be p.xp.rcised, concurrently or independently, from time
<br />to time and as often as may he deemed expedient by Trustee or lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall bp. construed as prohibiting lender from sp.eking a deficiency judgment against the Trustor to the
<br />p.xtent such action is permitted by law.
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<br />Election of Remedies. All of lp.nder's rights and remedies will be cumulativp. and may be p.xercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by lender will not affect lender's right to declare Trustor in default and to exercise lender's remedies.
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<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
<br />Notice of Sale under this Deed of Trust bp. mailed to them at the addresses set forth in the first paragraph of this Dp.ed of Trust.
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<br />Attorneys' Fees; Expenses. If lender institutes any suit or action to p.nforcp. any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonahle expenses lender incurs that in lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payahle
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and lender's Ingal expensns,
<br />whether or not there is a lawsuit, including attorneys' fees and expnnses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection snrvices, the cost of searching
<br />rncords, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fp.es, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided hy
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustne are part of this
<br />Deed of Trust:
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<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
<br />actions with respect to the Property upon the written request of lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including thp. declication of streets or other rights to the public; (b) join in granting any easp.ment or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the intcrest of
<br />lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth 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
<br />will havp. the right to foreclose by judicial foreclosure, in either casp. in accordance with and to the full extent provided by applicable
<br />law.
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<br />Successor Trustee. Lender, at lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />lender, Trustee, and Trustor, the book and page (or computnr system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee. and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the titln,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivnred, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courip.r, or, if mailnd, whp.n deposited in the United Statp.s mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from ttlf! holder of any lien which has priority over this Deed of Trust shall be sent to L.ender's address, as
<br />shown near the beginning of this Dp.ed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purposn of the notice is to change the person's address. For
<br />notice purposes, Trustor agrnes to keep lender informed at all timp.s of Trustor's currP.nt address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
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<br />MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust and in the Relatnd Documents is Trustor's entire agreement with lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust mllst be in
<br />writing and must be signp.d by whoever will be bound or ohligated by the change or amendment.
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<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to he used to interpret or
<br />dp.fine the provisions of this Dp.ed of Trust.
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<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 thp.
<br />Property at any time held by or for the benefit of lender in any capacity, without the written consent of lender_
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<br />Governing law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all referencp.s to Trustor
<br />shall mean nach and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by lender. Trustor understands lender will not give up any of lender's rights under this Deed of Trust unless Lender cloes
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that lender has given up that right. If Lencler
<br />does agree in writing to give up one of L.ender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if lp.ndp.r does consent to a request, that does not mean that Trustor will not
<br />have to get lender's consent again if the situation happens again. Trustor further understands that just bp.causp. lendnr consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
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