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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700179
<br />
<br />Page 5
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<br />purchase at such sale.
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<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidenoe of title in oonneotion with sale, Trustee shall apply the proceeds of sale to payment of (j) all sums expended under
<br />the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
<br />and late oharges, (ii) all other sums then seoured hereby, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lender, and eaoh of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations seoured by this Deed of Trust and to exeroise all 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 hereafter in foroe; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise seoured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforoement,
<br />whether by oourt aotion or pursuant to the power of sale or other powers oontained 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 hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other seourity 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 oonferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but eaoh shall be cumulative and shall be in addition to every other remedy given in this Deed 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 />to Trustee or Lender or to whioh either of them may be otherwise entitled, may be 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 inoonsistent remedies.
<br />Nothing in this Deed of Trust shall be oonstrued as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent suoh aotion is permitted by law.
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<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exeroised alone or together. If Lender
<br />deoides 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 />deoision by Lender will not affect Lender's right to deolare Trustor in default and to exercise Lender's remedies.
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<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a oopy 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.
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<br />Attorneys' Fees: Expenses. If Lender institutes any suit or aotion to enforce any of the terms of this Deed of Trust, lender shall be
<br />entitled to reo over suoh sum as the oourt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />oourt aotion is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforoement 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 covered by this paragraph
<br />inolude, without limitation, however subject to any limits under applioable law, lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, inoluding attorneys' fees and expenses for bankruptoy proceedings {inoluding efforts to modify or
<br />vaoate any automatio stay or injunotion}, appeals, and any anticipated post-judgment oolleotion services, the cost of searohing
<br />reoords, obtaining title reports (inoluding foreolosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applioable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respeot to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriotion on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifioations required for Trustee under applioable law. In addition to the rights and remedies set
<br />forth above, with respeot to all or any part of the Property, the Trustee shall have the right to foreolose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreolosure, in either case in accordance with and to the full extent provided by applioable
<br />law.
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument exeouted and aoknowledged by Lender and reoorded in the offioe of the recorder of HALL County,
<br />State of Nebraska. The instrument shall oontain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system referenoe) where this Deed of Trust is reoorded, 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 suocessors in interest. The suooessor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties oonferred upon the Trustee in this Deed of Trust and by applicable law. This prooedure for substitution of Trustee
<br />shall govern to the exolusion of all other provisions for substitution.
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<br />NOTICES. Any notioe required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when aotually delivered, when actually reoeived by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight oourier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />oopies of notioes of foreolosure from the holder of any lien whioh has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may ohange his or her address for notioes under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to ohange 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 the others of the notioe from Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust and in the Related Doouments is Trustor's entire agreement with Lender
<br />concerning the matters oovered by this Deed of Trust. To be effeotive, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the ohange or amendment.
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<br />Arbitration. Trustor and Lender agree that all disputes, claims and controversies between us whether individual, joint, or class in
<br />nature, arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated
<br />pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No
<br />act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration
<br />agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order: invoking a power of sale
<br />under any deed of trust or mortgage: obtaining a writ of attachment or imposition of a receiver: or exercising any rights relating to
<br />personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform
<br />Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any
<br />right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreernent relating to the Property,
<br />shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party.
<br />Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust
<br />shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel,
<br />waiver, laches. and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any
<br />arbitration proceeding, and the comrnencement of an arbitration proceeding shall be deemed the cornrnencement of an action for these
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