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<br />Loan No: 807160
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700128
<br />
<br />Page 5
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<br />Note, under any of the Relilted DOf:Umnntil, or under Flny other ilgreem8nt or rlny IflWil now or hnreflfter in forf:e; notwithiltflnding,
<br />some or rill of ilIH.:h indebtedness find ohligrltiom; ilecured by this Deed of Truilt mflY now or hp.reflftnr hp. othp.rwiilp' ilp.f:umd, whp.\.hm
<br />by mortgagn, dnnd of trust pledge, lien, assignmnn\. or ol.herwise. Neither the acceptance of this Deed of Truilt nor itil enforf:enwnt,
<br />whether by f:ourt rlction or pursuant to the powm of ilrlln or other powers contilined in this Deed of Trust, shilll prejudif:e or in ilny
<br />mflnner affect Trustee'il or Lnndf!r's right to reillile upon or enforce rlny othf!r security now or hereafter held by Trustee or Lender, it
<br />being rlqrf!f!d that Trustee find Lp.ndm, rind each of them, shilll he nntitlwl to p.nforcf! this Df!f!d of Trust and any othf!r security now or
<br />hereflftp.r hf!ld by l.ender or Trustoe in such order find manner ilS they or oitllP.r of !l1p.m mrlY in thp.ir flhsolutp. discrP.t.ion dP.t.erminf!. No
<br />remedy conrp.rmd upon or reserved to Trustno or L.fH1der, is intended to be exclusivp. of rlny othnr rmnmly in this Dnml of Truilt or hy
<br />law providp.d or permitted, but each shilll be f:umulrltive rind shflll be in addition to every othnr remedy given in this Dnnd of Trust or
<br />now or hereafter exiilling at IrlW or in equity or by statute. Evnry power or mmedy tJiven by the Note or any of the Related Documents
<br />to Trustee or Lender or to whif:h nithm of them rnay be otherwise entitlnd, mflY bn p.xnrcised, concurrnntly or indnpemlently, frorn time
<br />to timn and as often as may be deemed nxpndifmt hy Trustee or Lender, ilnd either of them may pursun inf:onsiiltnnT mmndies.
<br />Nothing in this Deed of Trust shall be construed ilS prohibiting Lender from seeking a deficiency judgment ilgilinst thp. Trustor to thn
<br />extent sUf:h ilf:tion is permitted by law.
<br />
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and milY be exercised illonp. or tognther. If Lender
<br />dncides to spend money or to perform ilny of Trustor's obligations under this Deed of Trust, alter Trustor's failure to do so, thilt
<br />decision by Lfmder will not affect Lender's right to declilre Trustor in default and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behillf of Trustor Imd Lender, hereby requests that a copy of ilny Notice of Default and a copy of flny
<br />Notice of Sale under this Deed of Trust be mailp.d 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. Lp.nder shrill be
<br />entitled to recover such sum as the court mflY IIdjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />f:ourt rlction is involved, and to the extent not prohibitnd by law, all reflsonable expenses Lender incurs that in Lender's opinion are
<br />necessilry fit IIny time for tbe protection of its interest or the enforf:emnnt of its rights shrill become a pflrt of the Indehtedness payable
<br />on demand and shall beflr interest at thfl Note rate from the date of thn expenditure until repllid. Expenses f:overed by this paragmph
<br />include, without limitation, however subjef:t to rlny limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including ilttorneys' fpes and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacfltn rlny autornatic stay or injunction), appeals, and IIny flnticipated post-judgment collection services, the cost of searching
<br />records, ohtflining 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 fllso will PflY any court costs, in rlddition to all other sums provided by
<br />law.
<br />
<br />Rights of Trustee. Trustee shrill have all of the rights and duties of Lemler as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. Thp. following provisions relating to the powers and obligations of Trustee are part of this
<br />Dp.ed of Trust: .
<br />
<br />Powers of Trustee. In addition to all powers of Trustee f1rising as a matter of law, Trustee shall have the power to take the following
<br />actions with respeCI to the Property upon the written request of Lender find Trustor: (fI) join in pmpflring find filing fI mflp or pint of
<br />the Reill Prorerty, including the dedication of streets or otllf'r rights to the puhlic (h) join in grflnting IIny eflsement or f:reflting flny
<br />restriction on the Rf'wl Properly; and (e) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Dep.d of Trust.
<br />
<br />Trustee. TrustefJ shflll meet all qualifications rflquired for Trustee under IIrPlif:flble Iflw. In flddition to thp. rights find mmedip.s snt
<br />forth above, with mspect to fill or rlny part of the Property, the Trustee shall havfJ the right to foreclose by notice IInd sale, IInd Len(ler
<br />will have the right to foreclose hy judicial foreclosure, in either case in accordllnce with and to the full extent provided by appliCrlhlp.
<br />law.
<br />
<br />Successor Trustee. Lendm, at Lender's option, may from time to timfJ appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed IInd acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />Strite of Nebraska. The instrument shall contain, in f1(ldition to all other matters required by state law, the names of the original
<br />Lendm, Trustee, and Trustor, the book and page (or computm systnm refernnf:e) where this Dnp.d of Trust is ref:orded, rind thp. nmTIe
<br />and address of tho successor trustee, and Illfl instrument sh811 be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in intemst. The SUCf:nssor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Dnpd of Trust and by applicable 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 Trust, including without limitation any notice of default and any notice of
<br />sllle shall be given in writing, and shall bp. effective when rlcturllly delivered, when actually received by telefacsimile (unless otherwise
<br />required hy law), when deposited with a nfltionally recogni7ed overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postllge pmpaid, dirflcted to the addresses shown near the beginnin(J of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown np.ar the beginning of this Deed of Trust. Any person rnrlY change his or her ilddress for notices under this Deed of Trust by giving
<br />formill writt.en notice to the other person or persons, specifying thllt 1IIP. purposfl of the notice is 10 changn the person's addmss. For
<br />notice purpOSAS, Trustor rl9rees to keep Lender informed at illl times of Trustor's current rlddmss. UnlAss otherwise providnd or m'luired
<br />by law, if there is mom than onp Trustor, any nOI.iCA given by I.ender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notif:n from Lnmlm.
<br />
<br />MISCELLANEOUS PROVISIONS. Tile following miscellFlneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is writ Inn in Ihis DAed of Tn.lst and in the Related Documents is Trustor's entire agreement with Lender
<br />concernin9 the matters coverf'd by this Deed of Trust. To bn effeclive, any change or rllllp.ndment to this Dp.ed of Trust must hp. in
<br />writing and must be signed by whoever will be bound or obligatwl by the change or IImflndment.
<br />
<br />Caption Headings, Caption headings in this Deed of Trust ilre for convenienf:e purposes only and ilre not to he used to interpret or
<br />dAfine the provisions of this Deed of Trust.
<br />
<br />Merger. There shall be no merger of the interest or Astflte created by this Deed of Trust with any othm interest or p.strlte inlhA
<br />Property at any time hAld by or for the bAnefit of Lnnder in any capacity, without the written consent of LAnder.
<br />
<br />Governing Law. This Deed of Trust will be governed by federfll Iflw applicahle 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 thAre is a lawsuit, Trustor agrons upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />
<br />Joint and Severalliahility. 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 obligations in this Deed of Trust.
<br />
<br />No Waiver by lender. Trustor understands Lender will not give up rlny of LAnder's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact thilt Lender delays or omits to exercise flny right will not melln that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that dons not mnan Trustor will not have to comply with the other provisions
<br />of Ihis Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to ~let Lender's consent ilgain if the situation happens IIgllin. Trustor further undnrstands that just because Lender consents to
<br />one or mom of Trustor's re<luests, thM does not mean Lender will be required to consent to any of Trustor's future request,,;_ Trustor
<br />wllives pmslmtmQnt, demand for payment, protest, and notice of dishonor.
<br />
<br />Severahility. If a f:ourt finds thilt rlny rrovi,,;ioll of Ihis DAnd of Trust is not valid or should not hA enforf:nd, thfl! fflf:t by itself will not
<br />mean that the rest of this Deed of Trust will not be vfllid or nnforr:fld. Therefore, rI court will nnforce the rest of the provisions of this
<br />Dp.ed of Trust even if a provision of this Deed of Trust mllY be found to be invlllid or unenforceable.
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