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<br />200700417
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<br />Loan No: 807102
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<br />DEED OF TRUST
<br />( Continued)
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<br />Page 5
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<br />imlflbtfldnEHls or obligfltions secured by this Deed of Trust and to flxflrcisfl all rights and powers undflr this Deed of Trust, undflr thfl
<br />Note, under any of the Related Documents, or urHlflr nny ottlflr ngreement or any laws now or hereafter in force; notwithstnnding,
<br />some or all of such indebtedness and obligmions ser.umd by this 6eed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust. pledgfl, linn, assignment or otherwise, Neither the acceptanCfl of this Deed of Trust nor its enforr.ement,
<br />whethN by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudir.e or in any
<br />nHlntWr Mfect Trustefl's or Lender's right to re<llize upon or enforce any other security now or hereafter held by Trustee or LflnrJer, it
<br />bfling flgrefld that Trustee and Lender, <lnd e<lch of them, shall be entitled to enforce this Deed of Trust and any other ser.urity now or
<br />hereafter held hy Lender or Trustee in such order and rnanner as they or either of thflm may in their absolute discretion determine, No
<br />remedy r.onferred upon or reserved to Trustp.e or Lflndm, is intended to be exr.lusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each ShAll be r.umulfltivfl and shflll hfl in flddition to every other remedy given in this Deed of Trust or
<br />now or hereaftp.r existing <'It law or in equity or by statute. Every power or remedy givp.n by thfl Note or any of the flelated Documflnts
<br />to Trustee or Lender or to whir.h flithflr of them rTl<lY be otherwise entitled, mAy be exerr.isfld, r.oncurrently or independently, from time
<br />to time and as often as may be deemed exp,,,.JiRnt hy TrUSlf!H or Lp.ndm, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shAll be construed as prohibiting Lender from seeking a deficienr.y judgment against the Trustor to the
<br />p.xtfmt such ACl ion is pHrmitted by law,
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<br />Election of Remedies. All of LflndfJr's rights and remedies will be cumulative and nmy bfJ exmcised alone or together. If Lender
<br />der.ides to spend money or to perform any of Trustor's obli9ations und,'Jr this Deed of Trust, after Trustor's fnilure to do so, that
<br />decision by Lender will not affect Lender's ri(jht to declare Trustor in default and to exmcise Lender's remedies,
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<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a r.opy 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 para(jraph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If Lender instil utes any suit or <lr.tion to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the comt may adjudge re<lsonable as attorneys' fees at trinl and upon any appeaL Whether or not any
<br />court action is involved. Aod to thfl flxtent not prohibited by law, all reasonAble expenses Lender incurs thM in Lender's opinion are
<br />necessary 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 rMp. frOIl1 thp. date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation. howp.ver suhjer.t to any limits under applicable law, Lender's attorneys' fees and Lender's Ip.gal flxpenses,
<br />whether or not there is a lawsuit, inr.luding attorneys' fees and expensp.s for bankruptr.y proceedings (including efforts to modify or
<br />vacatfl any automatir. stay or injunction), appeAls. And flny antir.ipflled post-judgment collection sflrvices, the cost of searching
<br />records, obtaining title reports (includin(j foreclosure reports), surveyors' reports. and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by appliCAble 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 dutins of Lender as set forth in this section,
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The followiWl provisions relating to the powers and obligations of Trustee are pllrt of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to nil powers of Trustee misin(j AS A matter of Inw, Trustee shall have the power to take the following
<br />nr.tions with respect to the Property upon the written mquesT of Lender and Trustor: (a) join in pmpllring and filing a map or plat of
<br />tho Relll Property, includin(j the dedicfltion of streets or other rights to the public; (b) join in granting any easement or r.reAting any
<br />restriction on the neal PropP.rty; flnd (r.) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Dfled of Trust,
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<br />Trustee. Trustee shall meet all ql.lalifir.ations required for Trustee under applicflblfl Iflw, In addition to the rights and remedies set
<br />forth above, with respect to All or <lny p<lrt of the Property, the Trustee Shflll have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judir.illl foreclosure, in either case in accordanr.e with and to the full extent provided by applicable
<br />law,
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<br />Successor Trustee. Lender, At Lender's option, may froll1 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 recorded in the office of the recorder of Hall County,
<br />State of Nebraskn. The instrument sh<lll contain, in addition to all other matters required by state law, the names of the original
<br />Lp.ndflr. Trustee, and Trustor, the book And page (or r.omputer system reference) whern this Deed of Trust is rer.orded, <lnd the nalne
<br />and address of the successor trustee, and the instrument shall be executed and ar.knowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in intmest. The successor trustee, without r.onveyance of the Property, shall succeed to all thfl title,
<br />power. and duties r.onferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the flxr.lusion of all other provisions for substitution,
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without Iimitlltion any notice of default and any notice of
<br />sale shall be given in writing, <lnd shall be effective when ar.tually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mAiled. when deposited in the United States mnil, IlS
<br />first class, certilied or registered mail postage prepaid. direr.ted to the addresses shown nellr the beginning of this Deed of Trust. All
<br />copies of notir.es of foreclosure from the holdm of any lien which has priority over this Deed of Trust shall bfl sent to Lender'S addmss, as
<br />shown near the beginning of this Deed of Trust. Any pp.rson may chAnge his or her address for notices under this Deed of Trust by giving
<br />formal written notir.e to the other person or persons, specifying that the purpOSfl of the notice is to chnnge the person's addmss. For
<br />notice purposes, Trustor agrees to keep Londer informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more thlln one Trustor, any notir.e 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 notice 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 Documents is Trustor's entim agreement with Lflnder
<br />r.onr.erning the matters covered by this Deed of TruSI. To be effective, any change or <lmendment to this Deed of Trust must be in
<br />writinll and must be signed by whoever will he hound or obligated by the r.hnnge or amendment..
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<br />Cllption Headings. Caption headings in this Dep.d of Trust <Ire for convenience purposes only and am not to be used to intflrpret or
<br />define the provisions of this Deed of Trust..
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<br />Merger. There shall be no merger of the interest or est.al.e r.reated by this Deed of Trust with any otllflr interest or estAte in the
<br />Property at any time held by or for the benefit of Lender in <lny cApacity, without the written consent of Lender.
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<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 Stllte 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.
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<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon L.ender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebmska.
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<br />No Waiver by Lender. Trustor understnnds Lender will not give up Ilny of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing, The fact that Lflndm delays or oll1it1\IO nxercise any right will not mean that Lendflr 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 hllve 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 Trustor will not
<br />have to get Lender's consent again if the sitUAtion happens 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 presentmflnt, demand for payment, protest, and notir.e of dishonor.
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<br />Severability. if a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or nnforr.ed, Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if n provision of this Deed of Trust rrwy be found to be invalid or unenforceflble,
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<br />Successors and Assigns. Subject to any limitations stntnd in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the pmties, their successors and assigns, If ownership of the Property becomes
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