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<br />Loan No: 807145
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<br />DEED OF TRUST
<br />( Continued)
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<br />200611314
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<br />Page 5
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<br />Note, under any of the Related Documents, or under any other agref!mf!nt or any laws now or hereafter in force; notwithstandinq,
<br />some or all of such indebtf!dness and obligations secured by this Deerl of Trust may now or hereafter be otherwise secured, whf!ther
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neithf!r thf! acceptance of this Deed of Trust nor its enforcement,
<br />whethf!r hy court action or pursuant to the power of sale or other powers contained in this Deed of Trust, Rhall prejudicf! or in any
<br />manner affect Trustee's or L.ender's right to realize upon or enforce any other security now or hereaftf!r held by TnJRtef! or L.enrler, it
<br />being agrf!ed that Trustee and L.ender, <'lnd f!<'lch of them, shall be entitled to enforce thiR Deed of TrLlst and any other Recurity now or
<br />hereafter helrl by L.ender or Trustee in sLlch order and manner aR they or f!ither of thf!m may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to TruRtee or L.ender, iR intf!nded to bf! f!xclusivf! 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 Df!f!d 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 Documf!nts
<br />to TruRtf!f! or L.ender or to which f!ithf!r of them may be otherwise entitled, may be exercised, concurmntly or independently, from time
<br />to time and as often as may be deemf!d expedient by TruRtee or lender, <'lnd f!ithf!r of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting lender from sf!eking 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'R rightR and mmf!dif!s will be cumulative and may bf! exmcised alone or togethm. If lender
<br />decides to spend money or to perform any of Trustor's ohligations under this Deed of Trust. after Trustor's failure to rlo so, that
<br />decision by lender will not affect lender's right to declare Trustor in df!fault and to f!xercisf! lender's remedies.
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<br />Request for Notice. Trustor, on hehalf of Trustor and lendf!r, hf!reby requests that a copy of any Notice of Default anrl a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to thp.m at thf! addrf!sses set forth in tho first paragraph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If lender institutes any suit or action to enforce <'lny of the terms of this Def!d of Trust, lendm shall bo
<br />entitled to recover such sum as the court may adjudge reasonablf! as attornf!Ys' ff!f!s at trial and upon any appeal. Whether or not any
<br />court action is involved, anrl to the extent not prohibited by law, all reasonnblp. expp.nses lender incurs that in lender's opinion arf!
<br />necessary at <'lny time for the protection of its interest or the enforcement of its rights shall become <'l PMt of the Indf!htf!drlf!ss payablo
<br />on df!mand and shall bear interf!st at the Note rate from the date of the expenditure until repaid. Expf!nses coverod by this paragraph
<br />includf!, without limitation, howf!vf!r subjf!ct to any limits under applicable law, I.ender's attornf!Ys' foes anrl lonrlo!'s Ip.gal exponsp.s,
<br />whether or not there is a lawsuit, including attornp.ys' fep.s and f!xpenSf!S for brmkruptcy proceedings (including efforts to morlify or
<br />vacate any automatic stay or injunction), appp.als, anrl any IInticipatf!d post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in arldition to all other sums provided by
<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 relllting 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 powers of Trustee arising as a matter of law, Trustee shall have the power to tilkf! the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a mllp or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agref!ment affecting this Deed of Trust or the interest of
<br />lender undf!r this Deed of Trust,
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<br />Trustee. Trustee shllll meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respectto all or any part of the Property, the Trustee Rhllll 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 accordllnce with and to the full extent provided by applicnble
<br />law.
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<br />Successor Trustee. lender, at lenrler's option, may from time to time IIppoint a successor Trustee to any Trustee <'lppointed under
<br />this Deed of Trust by an instrument executerl and acknowledged hy lenrler anrl recorded in the office of the rf!corder of HAll County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, thf! names of the nriginnl
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Df!f!d of Trust is recorderl, and the nnme
<br />and address of the successor trustee, and the instrument shall he executed and ncknowlodged by all the beneficiaries under this Deed
<br />of Trust or their successors in intorosT. The successor trustee, without conveYllnce of the Property, shall succeed to all the titlo,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedutf! 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, anrl shnll be effective when actually delivered, when actufllly rf!ceived by telefncsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when df!positod in the United 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 frorn the holder of any Iif!n which hns priority over this Deed of Trust shall be sent to Lender's address, ilS
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices undm this Deed of Trust by giving
<br />formal written notice to the othm porson or persons, specifying that the purpose of the notice is to change the person's adrlress. For
<br />notice purposeR, Trustor agrees to keep lender informed at all times of Trustor's current <'lddrf!Ss. Unless otherwise provirled 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 he
<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 Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any changf! or amp.nrlment to this Deed of Trust rnust be in
<br />writing and must be signed by whoever will be bound or obligated 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 be used to interpret or
<br />define the provisions of this Def!d of Trust.
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<br />Merger. There shall he 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 benf!fit of lendf!r in IIny 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 thf! 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.
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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 does
<br />so in writing. The fact that Lender delays or omits to exercise IIny right will not mean that lender has given up that right. If Lpnder
<br />does agree in writing to give up one of Lender'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 lenrler rloes consent to a request. that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens agnin. Trustor further understllmfs that just because lender consents to
<br />one or more of Trustor's requests, thilt dop.s 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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<br />Severability. If a court finds that IIny provision of this Deed of Trust is not valid or shoulrl not be enforced, thM fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or fJnforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
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