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<br />loan No: 807058
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200608359
<br />
<br />Page 5
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<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers unrler this Deed of Trust, under the
<br />Note, under any of the Relaterl Docump.nts, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of sllch indebtedness anrl obligations securerl by this Deed of Trust may now or hereafter be otherwise secured, whethp.r
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither thp. acceptance of this Deed of Trust nor its enforcement.
<br />whether by court action or pursuant to the power of sale or othp.r powers contained in this Deed of Trust, shall prejurlice 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 Lenrler, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust anrl any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them mflY in thp.ir absolute discretion determine. No
<br />remerly conferred upon or reserved to Trustee or Lender, is intended to be exclusive of flny othp.r rp.medy in this Deed of Trust or by
<br />law provirlerl or pp.rmitterl, but p.ach shflll be cumulative anrl Shflll bp. in arldition 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 remerly given by the Note or any of the n"lated Docump.nts
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or indp.pp.ndently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursup. inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permittp.d by law.
<br />
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. if Lpnder
<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 I..ender's right to (leclare Trustor in default and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, herehy requests thflt a copy of any Notice of Defflult and a copy of any
<br />Notice of Sale under this DeiJd of Trust be mailed to them at the addresses set forth in the first paragmph of this Deerl of Trust.
<br />
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, L'nder s~';all be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial flnrl upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />np.cessary at any time for the protection of its intelP.st or the enforcp.nlP.nt of its rights shall become a part of the Indebtp'f.lnp.ss payable
<br />on rlemand anrl shall beilr interest at the Note rate from the date of the expenditure until repaid. Expenses covererl by this pilrilgraph
<br />include, without Iimitfltion, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legAl expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (inclurling efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, thp. cost of searching
<br />records, obtaining title rp.ports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, anrl fep.s 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 by
<br />law.
<br />
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustep. alP. part of this
<br />Deed of Trust:
<br />
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shnll 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 rreparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to lhp. public; (b) join in granting any easement or creating flny
<br />lP.striction on thp. Rp.al Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the intP.test of
<br />Lender unrlp.r this Dp.erl of Trust.
<br />
<br />Ttustee, Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies sP.t
<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 have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<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 recorderl in thp. ollicp. of the rerorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in arlrlition to fill other matters required by state law, thp. names of the original
<br />Lender, Trustee, and Trustor, the book and pnge (or computer system lP.ferp.nce) where this Deed of Trust is recorded, and the namp.
<br />and address of the successor trustee, and the instrument shall be executed 'md acknowledgp.d 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 title,
<br />pOWP.t, and duties conferred upon the Trustp.p. in this Dp.ed of Trust and by applicable law. This procedure for substit\Jtion of TrUSIp.p.
<br />shall govern to the exclusion of all other provisions for substitution.
<br />
<br />NOTICES. Any notice required to be given under this Deerl of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effectivp. when actually delivered, when actually received by telefacsimile (unl"ss otherwise
<br />required by law), when deposited with a nationally recognized overnight couriP.t, or, if mailed, when deposited in the Uniter~ States 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 the holder of any lien which has priority over this Dp.erl of Trust shall be sent to Lender's adrlress, ns
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deerl of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of thp. notice is to change the person's arlrlress. For
<br />notice purposes, Trustor agrees to keep Lender informp.rl at all times of Trustor's C Trent address. Unless othp.rwise provirled or required
<br />by law, if there is more than one Trustor, any notice given by Lp.nder 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 noticp. from Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust anrl in thp. Related Documents is Trustor's entire agreement with LendP.t
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoevp.r will be bound or obligated by the change or amenrlment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Dp.ed of Trust.
<br />
<br />Merger. There shall be no merger of the interest or p.state creatp.d by this Deed of Trust with any othP.r interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to lender and, to the el(tent not rre"mrted 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.
<br />
<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 sevp.ral, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing bp.low is responsible for all obligations in this Deed of Trust.
<br />
<br />No Waiver by Lender. Trustor unrlerstands Lender will not give up any of LenrlP.t's rights under this Deed of Trust unless Lender rlOp.s
<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 Lenrler
<br />does agree in writing to give up one of Lender's rights, that does not mp.an Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consp.nt again if the situation happens again. Trustor further understands that just because Lender 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, demanrl for payment, protest, and notice of rlishonor.
<br />
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deerl of Trust will not be valirl or p.nforced. Therefore, a court will enforce the rp.st of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalirl or unenforceable.
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