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<br />Loan No: 807159
<br />
<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200700125
<br />
<br />Page 5
<br />
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall he entitled 1.0 fmforr.e payment and performance of nny
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Docurnents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligntions sRcured by this Deed of Trust may now or hereafter be otherwise ser.urod, whether
<br />by mortgage, deed of trust. pledge, lien, assignment or otherwise. Neither the ar.r.eptance of this Deed of Trust nor its enforcement,
<br />whether hy r.ourt ar.tion or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />mannor affer.t Trustee's or Lendor's riljht to realize upon or enforr.e any other security now or hereaftm held by Trustee or Lender, it
<br />being agroed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be Rxclusive of any other remedy in this Deed 01 Trust or hy
<br />law provided or permitted, hut ellch shflll he r.umullltivo Ilnd shll11 he in Ilddition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or hystatute. Every power or remedy given by the Note or Ilny of the Related Documents
<br />to Trustee or Lender or to whir.h either of them may be otherwise entitled, may be exercised, conr.urrently 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 a defir.ienr.y judgment against the Trustor to the
<br />extent such action is permitted by law.
<br />
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and mny he exerr.ised alone or together. 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 rifJht to deGlare 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 copy 01 any
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first pAlilgraph of this Deed of Trust.
<br />
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ar.tion to enforce any 01 the terms of this Deed of Trust, Lender shall be
<br />entitled to rer.ovor sur.h sum ilS the r.ourt 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 Inw, all rensonnble expenses Lender incurs that in Lender's opinion flle
<br />necessary at any time for the protection of its interest or the enforcement of its rights shAll he come a part of the Indebtedness pllYllhle
<br />on dernand and shall bear intp.rest at the Note rnte lrom the dflte of the expenditure until repaid. Expenses covp.red hy Ihis pAragraph
<br />includp., without limitation, however subjer.t to Ilny limits under Applir.ahle law, Lender's attorneys' fees ond Lender's leljal expenses,
<br />whether or not them is n lAwsuit, inr.luding Attorneys' fees And expenses for bankruptcy proceedings (inr.luding efforts to modify or
<br />var.ate any automatir. stay or injunr.tion), appeals, and any anticipated post-judgment colloction services, the cost of searching
<br />rer.ords, ohtaining titlo reports (including foreclosure reports), surveyors' reports, and nppraisnl fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicnble law. Trustor also will pay any court costs, in addition to 1111 otllP.r sums provided by
<br />law.
<br />
<br />Rights of Trustee, Trustee sholl hove 1111 of the rights and duties of Lender as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers find obligations of Trustee are part 01 this
<br />Deed of Trust:
<br />
<br />Powers of Trustee. In addition to all powers of Trustee arising as a rnatter of law, Trustee shall have the power to take thp. following
<br />actions with respect to the Property upon the written refluest of Lender and Trustor: (a) join in prepnring Ilnd filing a map or plat of
<br />the Real Property, including the dedication of streets or othp.r rights to the puhlic; (h) join in granting any easement or creatinlj any
<br />restriction on the Real Property; and (r.) join in Any subordination or other agreement affecting this Deed of Trust or the interest 01
<br />L.ender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all qualifications refluired for Trustee under applicable law. In addition to thf! rights and remedies set
<br />forth Ahove, with respect to all or any part of the Property, the Trustee shflll have the right to foreclose by notice and sllle, Ilnd Lender
<br />will have the right to foreclose by judicilll foror.losure, in either r.ase in accordance with and to the lull extent provided hy applicable
<br />law.
<br />
<br />Successor Trustee. Lender, at Lendp.r's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and rer.orded in the oUice of the recordm of HALL County,
<br />State of Nebraska. The instrument shall contflin, in nddition to 1111 other mAtters required by statf! law, the names of the originnl
<br />Lender, Trustee, and Trustor, the book nnd page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor lJustRe, nnd the instrument shall he executed and acknowledged hy all the beneficiaries undp.r this Deed
<br />of Trust or their sur.r.essors in interest. The successor tnJstef!, without r.onveyance of the Property, shall sucr.eed to all the title,
<br />power, ami duties r.onferred upon the Trustee in this Deed of Trust ond by Ilpplir.able law. This procedure for suhstitution of Trustee
<br />shall govern to the p.xclusion 01 1111 olher provisions for substitution.
<br />
<br />NOTICES. Any notir.e refluirP.d to be given under this Deed 01 Trust, including without limitation any notice of defllult and any notice of
<br />sale shall be given in writing, and shall be elter.tive when ar.tuAlly delivered, when actually received by telefar.simile (ullless otherwise
<br />refluircd hy lAW), when deposited with a nationally recogni;ed overnight r.ourier, or, if mailed, when deposited in the United StMes mail, as
<br />first class, certified or registered mail postnge prepnid, direr.ted to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure Irom the holder of ony lien whir.h has priority over this Deed of Trust shall he sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any pArson mflY chmlge his or her address for notices undAr 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 r.hange 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 requlled
<br />by law, if there is more than one Trustor, any notice given by LAnder to nny Trustor is deemed to be notice givAn 1.0 fill Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice Irom 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 and in the Relatod Dor.uments is Trustor's entire n\JIeement with Lender
<br />r.onr.erning the matters covered by this Deed of Trust. To he effer.tive, any change or nmendment to this Deed of Trust must he in
<br />writinlj and must be signed by whoever will be hound or ohliljAted hy the change or amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for r.onvenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />
<br />Merger. There shall be 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 henefit 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 thore is a lawsuit. Trustor ngreos upon Lender's refluest to submit to the jurisdiction of the COUrlS of Hall County,
<br />Stllte of Nehraska.
<br />
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall he joint and severnl, and All references to Trust.or
<br />shall mean each and every Trustor. This meClns that each Trustor signing helow is responsible lor fill obligations in this Deed of Trust.
<br />
<br />No Waiver by Lender. Trustor underslands Lender will not give up any of 1.ender's riljhts under this Deed of Trust unless Lender dORS
<br />so in writing. Tile far.t that Lender delays or omits to exp-rcis!' any right will not melln that Lender hilS given up that right. I I Lendor
<br />does ngree 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 Lender does consent to a request, that does not mean that Truslor will not
<br />hAve to get Lender's consRnt again if the situation happens aqain" Trustor further understands tllat just because 1.ender r.onsents to
<br />one or more of Trustor's rofllJests, that does not menn Lender will he refluired to consent to Any of Trustor's luturo teflUests. Trustor
<br />waives presenlment. demand for payment, protest and notice of dishonor.
<br />
<br />Severability. If a r.ourt finds that any provision of this Deed of Trust is not valid or should not be enlorced, that fact by itself will not
<br />mefln thllt the rest of this Deed of Trust will not he valid or enforced. Therefore, a r.ourt will enforce tile rest of the provisions of this
<br />
<br />ill. ~
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