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<br />, v.
<br />
<br />Loan No: 807157
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700079
<br />
<br />Page 5
<br />
<br />(c) Trustee may in the manner provided by lilw rostpone sille of illl or ilny portion of the Prormty.
<br />
<br />Remedies Not Exclusive. Trustee ilIH1 Lender, ilnd ench of them, shnll be entitled to enforce payrT1\'Hlt nnd perfonnnnce of nny
<br />indehtedness or obligiltions secured by this Deed of Trust ilnd to exercise all rights ilnd powers undm this Deed of Trust, under the
<br />Note, under nny of I.h", n",lilI.ed 1J0curnenls, or "nder ilny other "greement or any laws now or hereafter in force; notwithstimdinq,
<br />some or illl of such inrlobtednoss nnd obli(Jiltions secured hy this Deed of Trust mny now or h",r"'ilfter he otberwise secured, whother
<br />hy mort(Jil(Je, deed of trust, rled(Je, lien, nssi(Jnment or otlwrwiso. Noithor tho nccertnnee of this Deed of Trust nor its enforcomont,
<br />whether by court ilction or pursuant to the rower of sale or other powers contilined in tbis Deed of Trust, shnll rrojudice or in ilny
<br />manner affect Trustee's or Lender's rigbt to realize upon or enforce any otber security now or herenftm held by Trustoe or Lender, it
<br />heinq nqreed I.hill. Trustee and Lender, and each of them, sball he entitled to enforce this Deed of Trust ilnd any other security now or
<br />heroaftor held by Lender or Trustoe in such ordm nnrl manner as Ihey or eil.her of them may in thoir ilbsolute discretion deterrnine. No
<br />remedy eonforrod uron or resorved to Trusteo or Lemlor, is intended to ho oxclusive of ilny other remedy in this Deed of Trust (Jr hy
<br />lilw provided or permittod, but eileh sllilll be eumuliltive ilmJ shall he in ilddition to every other remedy (liven in this Deod of Trust or
<br />now or hereilfter existin(J at lilw or in equity or by statute. Every rower or remedy given by tbe Note (J[ any of the Related Documents
<br />to Trustee or Lender or to wbicb either of them lIwy he otherwise entitled, may he exercisod, concurrently or independently, from time
<br />to time and as often as may he dfJemed exredient by Trustee (Jr Lender, and eithor of them may pursue inconsistent remedies.
<br />Nothin(l in this Deed of Trust shall he construed as prohihitinq Lendm from seeking a deficiency judgment a(lainSl the Trustor to the
<br />extent such action is permitted by law.
<br />
<br />Election of Remedies. All of Lender's rights and rernedies will he cumulative and mny bo p.xercised alone or together. If Lender
<br />decides to spend money or to perform any of Trust.or's obligations under this Deed of Trust, after Trustor's failure to do so, thllt
<br />decision by Lender will not affect Lender's ri(lht to declare Trustor in derault and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requ",~ts that a copy of any 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 pam(Jlaph of this Deed of Trust.
<br />
<br />Attorneys' Fees; Expenses. If Lender institutes ilny suit or ilction to enforce ilny of the terms of this Deed of Trust, Lender shall be
<br />entitled to rncover such sum as the court milY adjudge reasonable as ilttorneys' fees at trial and uron any ilppeal. Whether or not any
<br />court action is involved, ilnrl to the extent not prohibited by lilW, all reasonable expenses L enrler incurs ttlilt in Lender's opinion are
<br />necessary ilt any time for the protection of its interest or the enforcement of its ri'jhts shall become a rart of the Indebtec:iless payable
<br />on demand ilnd shall bear interest at the Note rate froln the date of the expenditure until repaid. Expenses covered by this paratl'nph
<br />include, without limitation, however subject to any lirnits under applicable law, Lender's nttorneys' fees ilnd Lender'S legal expAnses,
<br />wlwther or not there is a lawsuit, includinq nuorneys' fops nnd exrenses for hankrurtcy proceedings (includin(l Anons to modify or
<br />vacatA any automatic Slay (Jr injllllction), aprenls, nnd nny nnticirilled post judgment collection services, t.1lP. cost of semching
<br />records, ohtaining titlo rnports (including foreclosure rerorts), surveyors' reports, and appraisnl fees, title insumnce, anrl fees for the
<br />Trustee, to the extent rermitted by applicahle law. Trustor al~o 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 ri(lhts and duties of Lender as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The followin(l provisions relatin(l to the powers and obligations of Trustee are part or this
<br />Deed of Trust:
<br />
<br />Powers of Trustee. In adrlition to all rowers of Truste", arising as a matter of law, Trustoe shnll have the power to tak" the followin(l
<br />ilctions with respect to the Property upon the written reqwlst of Lender and Trustor: (n) join in preraring ilnd filing a map or plat of
<br />the Real Property, including the dedication of streMs or other ri(lhts to the public; (b) join in granting any easement or creating nny
<br />restriction on the Real Property; and (c) join in any subordination or other a(Jleement affecting this Deed of Trust or the intemst of
<br />I..ender under this Deed of Trust...
<br />
<br />Trustee. Trustee shall meet all qualifications required for Trustee under arrlicahle lilw. In addition to the ri(lhts and remedies set
<br />forth above, with respect to all or any rmt of the Prorerty, the Trusteo 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 extpnt provided by applicable
<br />law.
<br />
<br />Successor Trustee. Lender, at Lender's option, may from time to time arroint il successor Trustee to any Trustee nrrointerl 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 miltters required by state Inw, the names of the original
<br />Lp.nder, Truste!'!, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and th!'! nnme
<br />and address of the successor trustee, ilnd the instrument shall be executed and acknowlmJged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyanco of the Property, shall succeed to nil the title,
<br />rower, and duties conferred upon the Trustee in this Deed of Trust and hy arrlicable law. This procedure for substitution of Trustee
<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 Tnmt, includinq without limitiltion any notice of dpfault and any noticp. of
<br />sille slmll be given in writing, and shall be effective when nctunlly rlelivererl, when actuillly received by telefacsimile (unless otherwiso
<br />required by law), when deposited with a nmionally recognized overnight courier, or, if rnailed, when deposited in the United Statos rnnil, as
<br />first class, certified or re(listered mail postnge rrefJilid, directed to the ilddressp-s shown nenr the beginninq of this Depd of Trust. All
<br />caries of notices of foreclosuro from the holder of any lien which has priorit.y over this Deed of Trust shall be sont to Lender's arldress, as
<br />shown near the beginning of this Deed of Trust. Any pArson mny cllfln(le his or her address for notices undor this Deed of Trust by giving
<br />formal written notice to the other person or rersons, srecifying that the rurrose of the notice is to change the pwson's address. For
<br />notice purposes, Trustor 8(lrees to keer Londer informed ilt illl times of Trustor's current address. Unless otherwise providpd or refJuired
<br />by law, if there is more t.hnn ono Trustor, any notice given by Lender to ilny Trustor is deemed to be notice qiven to all Trustors. It will be
<br />Trustor's resronsihility to tell tl"1O others of the notice from I.ender.
<br />
<br />MISCELLANEOUS PROVISIONS. Tho following miscellaneous provi~ions are a part of this Depd of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire aureemont with Lender
<br />concernin(l th!'! mntters covered by this Deed of TrusL T'o be effective, any change or amendment to this Doed of Trust must be in
<br />writing and must be signed by whoever will be bound or ohlignted by the change or amendmp.nt.
<br />
<br />Caption Headings. Cnption headings in this Deed of Trust nm for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />
<br />Morger. There shall be no rnerrJer of the interost or estate created by this Deed of Trust with any other intNest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of I.ender.
<br />
<br />Governing Law. This Deed of Trust will be governlld by federal law applicable to Lendllr and, to the extent not preernpted by federal
<br />law, the laws of the State of Nebraska without regatd 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 courts of Hall County,
<br />State of Nebraska.
<br />
<br />No Waiver by lender. Trustor undprstnnds Lender will not give up any of Lender's rights under this Depd of Trust unless Lender do!'!s
<br />so in writin(l_ 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 awee in writing to give up one of Lender's rights, thnt does not mean Trustor will not have to comply with the other rrovis;ons
<br />of this Deod 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 a(lain if the sillJiltion hnprens again. Trustor funher understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will tw required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for rayment, protest, and notice of dishonor.
<br />
<br />Sllvllrability. If a court finds thilt any provision of this Deed of Trust is not valid or should not be enforced, that fact by itsplf will not
<br />menn that the rest of this Deed of Trust will not be valid or enforce(l. Therefore, il court will enforco the rest of the provisions of this
<br />Deed of Trust even if a rrovision of this Deed of Trust rnay be found to be invalid or unenforcenble.
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