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Loan No: 807062 DEED OF TRUST (Continued) 200608365 Page 5 indebtedness or obligntiom; secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under thp. Note, under any of the Relatp.d Documents, or under any other agreement or Imy laws now or hereafter in force; notwithSlnnding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise sp.cured, whp.ther by mortgage, deed of trust, pledge, linn, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcp.ment, whether by court action or pursuant to the powp.r of sale or other powers contained in this Deed of Trust, shllll pmjudicp. or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or herp.after hnld by Trustoo or Lender, it being agreed thllt Trustee and Lender, and each of them, shllll be entitliJd to enforce this Dep.d of Trust and any other security now or hereafter held by Lp.nder or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intnnded to be p.xclusivp. of any other remedy in this Deed of Trust or by law provided or permitted, but ellch shall be cumulative and shall be in additi.on to every other remedy given in this Def"j of Trust or 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 to Trustee or Lender or to which either of them mny be otherwise entitled, may be exercised. concurrently or independently, from limo to time and as often as may be deemed expedient by Trustee or Lender, and either of thp.m may pursuo inconsistent remedies. Nothing in this Deed of Trust shall be construed liS prohibiting Lender from seeking a deficiency judgment IIgllinst tho Trustor 10 the extent such IIction is permitted by law. Election of Remedies. All of Lender's rights and remedies will be cumulative and nmy be exercised alonp. or togethor. If Lander decidp.s to spp.nd money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Londor will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. 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 Noticp. of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. Attorneys' Fees; Expenses. If Lender institutes any suit or ar.tion to enforcp. IIny of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonllble liS attorneys' fees lit trilll IInd upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, 1111 reasonable expenses Lender incurs that in lemler's opinion lire necessary at any time for the protection of its interest or the enforcemnnt of its rights shall become a part of the Indebtedness pllyahle on denlflnd and SlH111 bear interest at the Note rate frorn the date of the expenditure until repaid_ Expenses covered by thii'l pllrllgrnph include, without limitation, however subject to any limits under applicable law, lender's attorneys' fens Imd Lender's legal expenses, whether or not them is II lawsuit, inr.luding IIttorneys' fees IInd expenses for bllnkruptr.y proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipllted post-judgment collection services, the COi'lt of searr.hing records, obtaining title reports (including foreclosure reports), survp.yors' reports, and appraisal fees, title insurance, and fees for thp. Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to 1111 other sums providod by law. Rights of Trustee. Trustee shall have 1111 of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions rp.lating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In IIddition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Propmty upon tho writton requost of Londer and Trustor: (a) join in preparing and filing a map or plat of tho Real Propmty, including thn dediclltion of strep.ts or othm righti'l to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or l.he interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights IInd remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by noticp. IInd sllle, IInd Londer will have the right to foreclose by judicial foreclosure. in either case in accordance with and to the full extent providnd by IIpplicllble law. Successor Trustee. Lp.nder, lit Lp.ndp.r's option, mllY from time to tirne appoint II successor Truston to any Trustee appointed under this Deod of Trust by IIn instrument executed and acknowlodged by Lender and rer.orded in tho office of the recorder of HALL County, State of Nebraska. The instrument shllll r.ontllin, in IIddition to all other mlltters required by stato law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system referenc,,) where this Deed of Trust is recorded, and I.he nllme and address of the sur.r.essor trustee, and the instrument shall be executod IInd acknowledged by all the beneficial ies under this Deed of Trust or their successors in int"rest. The successor trust"e, without conveyance of the Property. shllll succeed to 11l1lh0 titln, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trusteo shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of defllult IInd IIny notice of Slllp. shall be given in writin~J, and shall be effective when ar:tually delivered, when ar:tually recp.ivp.d hy tnlefacsimiln (unlnss otherwise required by law), when depositod with a nationally recognized overnight r.ourier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mllil postage prepllid, direr.ted to the addresses shown np.1Ir the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to L.ender's IIddmi'ls, as shown near the beginning of this Deed of Trust. Any peri'lon may change his or hnr address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to chllnge the person's IIddrei'lB. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise providnd or required by law, if there is more than one Trustor, IIny notice given by Lender to IIny Trustor is deemed to be notice given to all Trui'llOrs. It will he Trustor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellllneous provisions lire a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender r:oncerning the matters covered by this Deed of Trui'lt. To he effectivp., any change or amendment to this Dep.d of Trui'lt must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Cllption headings in this Deed of Trust are for convenience purposes only 11nd lire not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with IIny other interest or estate in the Property at any time held by or for the benefit of Lender in any capor.ity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by fed..ral law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust ha!; been accepted by lender in the State of Nebraska. Choice of Venue. If t1lP.re i!; a lawsuit, Trustor agrees upon Lender's mquest to submit to the jurisdiction of the courts of HIIII County, State of Nebraska. Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and sevp.ral, and all references to Trustor shall mean each and every Trustor_ This rnellns thllt e11ch Trustor signing bp.low is mspollsible for all obligations in this Deed of Trust. No Waiver by lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The far:t that Lender delays or omits to exercise any right will not melln that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to corn ply with the other provisions of this Deed of Trust. Trustor IIlso underS\llnds thllt if Lender does consent to a requost. that does not mean that Trustor will not have to get Lender's consp.nt again if the situation happens again. Trustor further unrlerstands that just because Lender consents to one or mom of Trustor's requests, thllt does not rnellll Lender will be required to r.onsent to any of Trustor's future requests. Trustor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds thllt any provision of this Deed of Trust is not valid or should Ilot be enforced, that fact by its "If will not mean that the rest of this Deed of Trust will not bn vlllirl or enforced. Therefore, II court will nnforce the rest of the provisions of this Deed of Trust even if a provision of this Dnod of Trust may be found to bp. inv,lIlid or una~fo~r~~. '. 'u ti 1*..0 I"