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<br />Loan No: 807155
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200611516
<br />
<br />Page 5
<br />
<br />Remedies Not EKelusive. Trustee and Lender, and each of them, shall be entitled to enforce pllyment IInd performance of any
<br />indebtedness or ohlilJlltions secumd by this Deed of Trust IInd to eXNcise all riIJhts IInd powers under this Deed of Trust, IInder tbe
<br />Note, under any of the Relllted DocumRnts, or under IIny othm 119memfHlt or IIny Inws now or hereafter in force; notwithstflndin(l,
<br />some or ,111 of such indebtedness and ohlilJlltions secured by this Deed of Trust mllY now or hereafter be otherwise secured, whether
<br />hy mortga\Je, deed of trust, pled\Je, lien, assiqnment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whetber by court fl(.:tion or pursuant to the power of sllle or other powers contained in this Deed of Trust, shRII prejudice or in any
<br />mnnner nllect Trustee's or I ender's ri(Jht to reRlile upon ot enforce any other security now or hereafter held by Trustee or Lender, it
<br />hoinlJ flgreed thM Trustee and Lender. Ilnd each of them, shall be entitled to enforce this Deed of Trust and Rny other security now or
<br />hmr!flfter held by Lender or Trustee in such orrler nnd mnnner liS they or either of thnm may in their Rbsolute discretion determine. No
<br />mmerly confmmd upon or resflrverl to Truslen or Lrmder, is intenderl to he nxclusive of any other remedy in this Deed of Trust or hy
<br />Illw provided or permitted, but each sllall he cumulRtive and shRII be in addition to every other remedy IJiven in this Dnnd of Trust or
<br />now or hereRfter existing at law or in equity or by statute. Every power or remedy given by the Note or nny of t1\n Related Documents
<br />to Trustee or Lender or to which either of them mflY he otherwise entitled, may he exercised, conr.urrRntly or independently, from time
<br />to time ami RS oftnn as mRY be dnPlTled nxpedient by Trusten or Lenrlnr, nnrl either of them may pursue inconsistent remndies.
<br />Nothing in this Deed of Trust shall be construed as prohihiting Lenrlnr from seeking a deficiency judqment against the TflHltor to the
<br />extent such action is permitted by law.
<br />
<br />Election of Remedies. All of Lendnr's riIJhts Rnd remedies will he r.umulative and mllY be exercised alorH" or tOIJether. If Lender
<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 Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that fl copy of any Notice of Dehult and a copy of nny
<br />Notir.e of SlIle under this Deed of Trust he mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to (mforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum ns the r.ourt mny ndjudge reasonable ns attorneys' fees at trial and upon nny appeal. Whether or not any
<br />r.ourt nr.tion is involvnd, nnd to the extent not prohibited by Illw, RII reasonable expenses Lender incurs that in Lender's opinion nre
<br />necesSllry at any lime for the proter.tion of its interest or the enforr.ement of its rights shall become a part of the Indebtedness paynble
<br />on demand nnd shRII bear interest at the Note rate frorn the dRte of the expenditure until repaid. Expenses covered by this pmnllfnph
<br />include, without limitation, however subject to Rny limits under applicable law, Lender's attorneys' fees and Lender's legfll expenses,
<br />whether or not there is R lawsuit, includinq attorneys' fees Rnd expenses for bflnkruptr.y proceedings (including efforts to modify or
<br />vllcllte any automatic stay or injunction), flppeals. mHI nny antir.ipnted post judgment collection services, thn r.ost of searchinq
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurllnce, and fees for the
<br />Trustee, to the extent permitted hy npplir.ahle Inw. Trustor nlso will pay any court costs, in addition to all other sums provided by
<br />law.
<br />
<br />Rights of Trustee. TflIRtee shall hnvn nil of the rights ilnd duties of Lender as set forth in Ihis ser.tion.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of TflHltee nm part of this
<br />Deed of Trust:
<br />
<br />Powers of Trustee. In ilddition to all powers of Truslee arising as a rTHlller of Inw, Trustee shRII have the power to take the following
<br />actions with respect to the Property upon thp. writton roquost of Lender and Trustor: (a) join in preparing and filing a map or pllll of
<br />the Real Property, including the dedir.lltion of streets or other rights to the public; (b) join in gmnting any easement or creating nny
<br />restriction on the Real Property; nnd (r.) join in any subordination or other agreement after.ting this Deed of Trust or the intnrest of
<br />Lender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all qUfllificatiorTs required for Trustee under applicable law. In addition to the riIJhts and remedies set
<br />forth above, with respect to all or flny part of the Property, the Trustp.e shall have the riqht to foreclose by notir.e and sale, and Lender
<br />will have the right to foreclose by judicifll forer.losure, in either r.nsp. in acr.ordRnce with and to the full nxtent provided by applicflble
<br />law.
<br />
<br />Successor Trustee. Lender, at Lender's option, may from timn to time appoint a successor Trustne to any Trustee appointerl under
<br />this Deed of Trust by an ins!rument executed and acknowledged by Lender and recorded in tho oftir.e of the recorder of HALL County,
<br />State of Nehraskn. The instrument shall r.ontRin, in addition to all other matters required by state law, the nmnes of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referenr.e) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shflll be exer.uted and acknowledged hy all the beneficiaries under this Deed
<br />of Trust or their successors in intereR!.. Thn sur.r.essor trustee, without conveyance of 111P. Property, shall succeed to all the title,
<br />power, and duties conferred upon tho Trustee in this Deed of Trust and by applir.ahle law. This procedure for substitution of Trustee
<br />shall IJovern to the exr.lusion of all other provisions for substitution.
<br />
<br />NOTICES. Any notice required to he IJiven under this Deed of Trust, including without limitntion any notice of default and any notice of
<br />sale shall be giveo in writing, and shnll be effective when actuRlly delivered, when nr.tunlly received by telefacsimile (unless otherwise
<br />required hy law), when deposited with a nRtionally recoqnized overniqht courier. or, if mailed, when deposited in thn United StRtes mail, RS
<br />first class, certified or registered mllil postnge prepRid, directed to the addresses shown near the beginninIJ of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien whiGh has priority over this Deed of Trust shall be sent to Lender'S address. ns
<br />shown nem the bnginning of this Deed of Trust. Any person mny change his or her address for notices under this Deed of Trusl. by giving
<br />formal writton notico to the other person or persons. spoGifyinlJ thnt the purpose of the noliGe is to r.hRnge the pP.rson's nddmss. For
<br />notir.ft purposes, Trustor agrees to keep Lender informed at RII times of Trustor's current address. Unless otherwise provided or required
<br />by Inw, if thmn is more thiln one Tnlstor, IIny nOl ir.e given by I.ender to Rny Trustor is defHlwd to be notice given to nil Trustors. It will be
<br />Trustor's responsibility to tell the othms of the notice from Lender.
<br />
<br />MISCEllANEOUS PROVISIONS. The following miscellaneous provisions nre a pRrt of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust nnd in the Rolated Documents is Trustor's entire aqreement with Lender
<br />cr.Hlcerning the matters r.overed by this Deed of Trust. To he eller.tivn, Rny chanqe or mnendment to this Deed of Trust must be in
<br />writing and must he signed by whoever will be bound or obligated hy the chanqe or IImendment.
<br />
<br />Caption Headings. Cllption heRdings in this Deed of Trust me for r.onvenience purposes only nnd are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />
<br />Merger. There shall he no merger of the interest or estate created by this Deed of Trust Wil.h nny other interest or estntn 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 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.
<br />
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to suhmit to the jurisdiction of the courts of Hall County,
<br />State of Nebraskll.
<br />
<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 writinIJ. The far.t thRt Lender delays or omits to exercise Rny ri~,ht will not mean that Lender has given up thM right. If Lender
<br />does agren in writing to give up one of Lender's rights, that does not moan Trustor will not have to comply with tho other provisions
<br />of this Deed of Trust. Trustor also unrlerstands that if Lender does consent to a request, that does not mean tilat Trustor will not
<br />hnve to got Lender's consent agflin if the situRtion happens aqain. Trustor further umlerstnnds that just because Lender consents to
<br />one or more of Trustor's requests. thnt does not mean Lender will he required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for pnyment, protest, and notir.e of rlishonor.
<br />
<br />Severability. If n court finds that any provision of this Deed of Trust is not valid or shoulrl not he enforced, thnt fact by itself will not
<br />menn that tile rest of this Deed of Trust will not be valid or enforr.ed. Therefore, a court will enforce the rest of the provisions of this
<br />Deod of Trust even if R provision of this Deed of Trust. mny he found to be invalid or unenforceable.
<br />
<br />Successors and Assigns. Suhjer.t to any lirnitations slnted in this Deed of 1 rUSI. on transfer of Trustor's interest, I.his Deed of Trust
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