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<br />loan No: 807152
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700076
<br />
<br />Page 5
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shllll be entitled to enforce payment and performnnce or Ilny
<br />indebtedness or obligations secured by this Deed of Trust and to exercise 1111 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 herellfter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed or 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 any other security now or herellfter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and ea<;h of them, shall be entitled to enforce this Deed or Trust and any other security now or
<br />hereaftor held hy Lender or Trustoe in such order and manner as they or eithm of thom may in their absolute discretion determine. No
<br />romedy conferrod upon or reserved to Trusteo 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 shall be in addition to every other remedy given in this Doed 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 />10 Trustee or Lender or to which either of them may be otherwise entitled, rnay he exercised, concurrently or independently, from 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 n deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />
<br />Election of Remedies. All of Lender's rights nnd remedies will be cumulative and mny be exercised alone or together. If Lender
<br />der.ides to spend money or to pmform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />der.ision 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 a copy of any Notice of Default and a r.opy 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.
<br />
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall bn
<br />nntitled to fer.ovm sur.h 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 Lender incurs that in Lender's opinion are
<br />necnssary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses cove rod by this paragraph
<br />inr.lude, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lendor's Ingal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptr.y pror.eedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and nny anticipated post-judgmont r.ollection 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 lilw. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this ser.tion.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions rolating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />
<br />Powers of Trustee. In addition to all powers of Trustee arising ilS a matter of law, Trustee shall have the power to tnke the following
<br />actions with respect to the Proporty upon tho written request of Lender and Trustor: (a) join in preparing and filing a map or pi lit nf
<br />lhe Real Property, inr.luding tho dedir.ation 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 agreement affecting this Doed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all qUlllifir.iltions required for Trustee under applicable law. In addition to the rights and romedies set
<br />forth (lbove, with resper.t to all nr any pmt of the Property, the Trustee shall have the right to foreclose by notir.e and salo, and Lender
<br />will havo the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<br />Successor Trustee. Lender, at Lender's option, mny from time to tillle appoint a sur.cessor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknnwlodged by Lender and recorded in the office of the recorder 01 HALL County,
<br />Strite of Nebraska. The instrument shall contain, in addition to all other matters required by state law, tho namns of the original
<br />Lendnr, Trustee, and Trustor, the 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 beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the tille,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applir.able law. This procedure for substitution of Trustoe
<br />shall govern to the exclusion of all other provisions for substitution.
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust. including without limitation any notice of default and any notir.e of
<br />sale shall be given in writing, and shall be effective when ar.tually delivered, when actually received by telefacsimile (unless othorwise
<br />required by law), when deposited with n n(ltionally ror.ognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postnge prepaid, directed to the addresses shown near the beginning nf this Deed of Trust. All
<br />copies of notices of forer.losure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, Ill'
<br />shown near the beginning nf this Deed of Trust. Any person may change his or her (lddress fnr notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, sper.ifying that the purpose 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 one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell tt18 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 ilnd in the Related Documents is Trustnr's entire agreement with LenrJor
<br />concerning the matters covered by this Deed of Trust. To be nffoctive, any change or nmendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bnund or obligated by the change or amendment.
<br />
<br />Caption Headings. Caption headings in this Dood of Trust are for convenience purposes only and are not to be used to interprot or
<br />define the provisions of this Deod of Trust.
<br />
<br />Merger. There shall be no merger of the interest or ostate croated by this Deed of Trust with any other interest or estrlte in the
<br />Property at any time held by or for the henefit of Lender in any r.apacity, without the written r.onsent 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 submit to the jurisdiction of the cnurts nf Hall County,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obligatinns of Trustor under this Deed of Trust shall be jnint and several, and all references tn Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is rosponsible for all obligations in this Deed of Trust.
<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 dnes
<br />so in writing. The fact that Lender delays or omits to exercise 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 mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lendo>.r does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the sitlHltion happons again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does 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.
<br />
<br />Severability. If a court finds that any provision of this Deed of Trust is not vnlid or should not be enforced, thnt fact by itself will not
<br />mean that the rest of this Deod of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
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