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<br />loan No: 806958
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200608366
<br />
<br />Page 5
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<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by lflw 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 flnd obligations secured by this Deed of Trust may now or hereafter be otherwise 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 flny 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 flny other 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 reserved 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 shnll 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 exercised, concurrently or independently. irVin time
<br />to time and as often as may be deemed expedient by Trustee or lender, and either of them may pursue 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 permitted by law.
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<br />Election of Remedies. All of lender's rights and remedies will be cumulative and may be exercised 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 f(lilure 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 (lny Notice of Default and a copy of any
<br />Notice 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.
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<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
<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 reasonable expenses lnnder incurs that in lender's opinion am
<br />necessary at any time for the protection of its interest or thn nnforcement of its rights shall become a part of the Indnbtedness rayable
<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 applicflble law, lender's attorneys' fees and lender's logal oxpenses,
<br />whothm or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title rerorts (including foreclosure reports), surveyors' reports, and appraisal fees. title inslJrrJnce, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all othor sums rrovided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of tho 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 Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to all rowers of Trustee flrising as a matter of law, Trustee shall have the rower to take the following
<br />actions with respect to the Property upon the written mquest of Lender and Trustor: (a) join in prerarin(J and filing a mar or rlat of
<br />the Real Property, including the dedication of streets or other rights to the rublic; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other aweement affecting this Deed of Trust or the interest of
<br />lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under aprlicable law. In addition to the ri(Jhts 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 have the right to foreclose by judicial foreclosure, in either case 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 (lny Trustee arpointed 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 computer system reference) where this Deed of Trust is recorded, and thn name
<br />and addmss of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries undnr this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Prorerty, shall succeed to all tho title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by arplicable law. This rrocedure 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, includin(J without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Stfltes mflil, 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 rriority ovm this Dend of Trust shall be sent to lender's address, as
<br />shown near the beginning of this Deed 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 purpose of the notice is to change the person's address. For
<br />notice purroses, Trustor agrees to kner lender informed at all timns of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by lendm 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.
<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 and in the Related 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 must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />
<br />Caption Headings. C(lption hendings in this Deed of Trust are for convenience rurroses only and are not to be used to interpret or
<br />dofine the rrovisions of this Deed 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 the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the writ.ten 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 them 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 references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />
<br />No Waiver by lender. Trustor understands lender will not give up any of L.ender's rights undnr this Deed of Trust unless Lender does
<br />so in writing. The fact that lender delilYs or omits to exercise any right will not mean that lender has given up that right. If lendor
<br />doos agree in writing to give up one of lender's rights, that dons not mean 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 consent again if the situation happens again. Trustor further lJnderstnnds that just because lender consents to
<br />one or more of Trustor's requests, that does not mean lender will be required to con~ent to any of Tr.u~tor.'s future requests. Trustor
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