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<br />Loan No: 806156
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200611392
<br />
<br />Page 5
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<br />(c) Trustee may in the manner provided by Iflw postpone sflle of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shflll he entitled to enforce payment and performance 01 flny
<br />indebtedness or obligations secured by thil'l Deed of TnJl'lt flnd to exercise all rights and powers under this Deed of Trust. under the
<br />Note, under any of the Related DocumfHlts, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or flll of such indehtedness and obligations secured by this Deed of Trust mflY 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 enforcelmmt,
<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 L0.nder, it
<br />heing agreed thflt Trustee flnd Lender, ilnd each of them, shall be entitled to enlorce this Deed of Trust and any other security now or
<br />hereflfter held hy L0.nder or Trustee in such order and manner as they or either of them milY in their ilbsolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to h0. exclusive of any other remedy in this Deed of Trust or by
<br />lilw provided or permitted, but each shilll be cumulative and shall be in mldition to evnry other remedy given in this Dned of Trust or
<br />now or hereaftfJf existing ilt law or in equity or hy statutfL Every power or remedy given by the Note or any of the Related Docur"e"t.s
<br />to Trustee or Lender or to which either of thpm mAY he otherwise nntitled, may be exercised, concurrently or independently, from timp
<br />to time and as ofte" as rrlllY he deemed expndient hy Trustee or Lender, and either 01 them mAY pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking A deficiency judgment agflinst l.he Trustor to the
<br />pxtent such Action is permitted hy law.
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<br />Election of Remedies. All of Lemler's rights and remedies will be cumulfltive and may be exercised fllone or together. If Lender
<br />decides to spend money or to perform ilny of Trustor's ohligfllions under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lendm'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 tender, hereby requests that a copy of any Notice of Defflult 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 paragm[Jh 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 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 shnll bflcome a part of the Indebted"f!ss pflyable
<br />on demand and shall bear interest at the Note rate from the dAte of the expenditure until repaid. Expenses covered by this [Jflmgrilph
<br />include, without limitation, however suhject to any limits under a[Jplicable law, Lendf!r's attorneys' fees and Lender's legAl expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including f!fforts to modify or
<br />vacate any automatic !It ny or injunction), appeals, and any anticipatf!d post.judgment collection !lervicf!s, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and a[Jpraisal ffles, title insurance, and fees for the
<br />Trustee, to the flxtent permitted by applicable law _ Trustor fllso will pay any court costs, in addition to all other stuns provided by
<br />law.
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<br />Rights of Trustee. Trustee shAll hAve all of the rights and duties of Lender ns 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 powers of Trustee arising as il matter of law, Trustee shall have the power to tak.e the following
<br />actions with respect to the Properly upon the written request of Lender and TruSI.or: (a) join in preparing FInd filing a mflp or [Jlat of
<br />the Real Property, including the dedication of streets or Olher rights to the puhlic; (b) join in granting any easement or creating flny
<br />reSI.riction on tho ReAl Property; and (c) join in any subordinfllion or other agreement 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 requirPd for Trustee under applicable law _ In nddition to the rights and remedies set
<br />forth above, with respect to all or flny [Jflrt of the Property, the Trustee shall have the right to foreclose by notice flnd SAle, and Lender
<br />will have the right to foreclose by judiciFlI foreclosure, in either case in accordarlCf! with and to the full extent provided hy Applicable
<br />law.
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<br />Successor Trustee. Lender, at Lender's O[Jtion, mAY from time to time appoint a successor Trustee to any Trustee fl[J[Jointed 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 contnin, in addition to all other matters required by state law, the names of tho originill
<br />Lender, Trustee, and Trustor, lhe book And page (or computer 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 beneficiarios under this Deed
<br />of Trust or their successors in interest.. The successor trustee, without conveynnce of the Property, shnll succoed to all the titlf!,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and hy applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitUI.ion.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without lirnitntion any notice of default flnd Any notice of
<br />sale shall be given in writing, and shAll he effective when nC(lmlly delivered, when actually received by telefacsimile (unless otherwisf!
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mAiled, when deposited in the United States mnil, flS
<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 ha!l priority over this Deed of Trust shall be sent to I.endf!r's flddress, as
<br />shown neflr the beginning of this Deed of Trust.. Any person may change his or hor address for notices under this Deed 01 Trust hy giving
<br />formal written notice to the other person or persons, specifying thllt. the [Jurpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than onf! Trustor, any notice given by Lender to Any Trustor is deemed to he 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 Df!od of Trust and in the Rf!lntod Documents is Trustor's entire agreement with Lendf!r
<br />concerning the matters covered by this Deed of Trust. To bf! effective, ilny change or Amendment to this Deed of Trust must be in
<br />writing And must be signed by whopver will he bound or ohligatf'd by the change or mnondment.
<br />
<br />Caption Headings. CAption headings in this Deed of Trust are for convonience purposf!s only and are not to he used to interprf!t or
<br />define the provisions of this Deed of Trust.
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<br />Merger. There shall be no rnergf!r of the interest or estllle created by this Deed of Trust with any othor interest or f!stflte in the
<br />Property at any time held hy 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 Lendllr 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 be!!n accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is il lAwsuit, Trustor agrees U[Jon Lendor's request to submit to the jurisdiction of the courts 01 HAil 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 ohligations in this Deed of Trust.
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<br />No Waiver by Lender. Trustor understAnds Lender will not give U[J nny of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to pxercise any right will not meAn that Lender hAS given up that right.. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not rTlefln Trustor will not hflVe 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 thilt Trustor will not
<br />have to get Lender's consent flgain if the situation happens AgAin. Trustor further understands that just hecause Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will he 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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