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<br />Loan No: 807172
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700561
<br />
<br />Page 5
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<br />sold, but without <lny coven<lnt or wFlrrfHll.y, eXfHeRS or implied, The ror.itAls in such deed of nny mAtters or facts shall be
<br />conclusive proof of the trulhfulness Ihereof. Any pPrson, inr.luding without limitFltion Trustor, Trustee, or Lender, mAY
<br />pUrdHlSp. flt. sllch sflln,
<br />
<br />(h) As mfly be p"Hrnillp.d hy IflW, flftm dndtl"ling flll r.osts, fnps Am.1 nxpenses of lnJSIp.p. flnd of this Trust, including costs of
<br />p.vidnnr.p. of lit.lp. in r.onnnr.tion with silln, Trustet1 dlilll ilPply the proct1eds of sfllp. to pAyment of (i) all surns p.x!wnrlmlundt1r
<br />1I1() terms of this Deed of Trust or under thp. terms of Ihe Note not I.Ilp.n ropflid, including but not lirnited to Ar.nund interest
<br />and lilte charges, (ii) illl otht1r sums t1lPn sw:umd hmeby, fmrl (iii) the remainder, if any, to thp. pmson or persons legally
<br />entitlp.rI th""eto.
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<br />(c) Trustee may in thp. manner provirlp.rI hy IflW postponp. sfllp. of flll or any portion of the Propmty.
<br />
<br />Remedies Not Exclusive. Trustee ilnd Lt1ndnr, .flnd e<lch of theo., shflll ho on titled to enforce paymrmt flnd porformance of any
<br />inrtphtp.dnp.ss or ohligiltions st1cured by this DeAd of Trust flnrl 1.0 Axp.rr.isp. All rights and powers undm this Deed of Trust, under thp.
<br />Notn, under Any of the Related Documents, or unrlP.f flny ol.hm flgrnmnpnt or any laws now or hpreafter in force; notwithslflnding,
<br />some or all of such indebtedness and obligfltions sor.umd hy this Deed of Trust mfly now or hernafter be otherwisp. ser.urp.d, whether
<br />hy mortgAge, deed of trust, pIAd<Je, lip.n, nssigrmlOnt or 01llt1rwisn, Nf'ither the acceptflnr.o of this Deed of Trust nor its enforcement,
<br />whether by r.ourt actir)n or plJrs'Jflnt to the power of sale or other powArs cont flirlfJd in this Deed of Trust, shall prejudice or in Flny
<br />manner affect Trustee's or Lpndm's right to realize upon or ",nforce any Ol.lwr ser.urity now or hereflftm held by Trustee or l.endP.f, it
<br />bein<J a<Jreed thM Trustp.p. Am! Lemler, and each of them, shnll he entitled to pnforce this Deed of Trust and any other security now or
<br />hp.renfter hp.ld by Lendm or Trustee in such orrler flnrl mflllllPr AS they or eittlf'r of them mflY in their Absolute discretion rlp.termine, No
<br />remedy conferrerl upon or reserved to Trustp.p. or Lp.ndm, is intrmded to be exclusive of nny other remedy in this Deed of Trust or by
<br />lAW provided or permitted, but e<lch shflll bp. r.unH.lI!ltive And shAll be in Addition to evp.ry other remedy given in this Deed of Trust or
<br />now or hereafter existing At I<lW or in p.quily or by stAtute. Every power or remedy given by the Note or any of the Related Dor.uments
<br />to Trustee or Lender or to which p.ither of them may be otherwise entitled, nlFly bp. p.xerr.ised, concurrently or indp.pp.ndently, from time
<br />to time and as often as mflY be deemed expedient by Trustee or Lendp.r, flnd either of them may pursue inr.onsistent remedies.
<br />Nothing in this Dp.ml of Trust shall be construed as prohibiling Lp.ndm from seeking a deficiencyjurlgment against the Trustor to the
<br />extp.nt sur.h ar.tion is permitted by I"w.
<br />
<br />Election of Remedies. All of Lender's rights And remedies will be r.umulative and mflY be exercised alone or together, If Lender
<br />dnr.ides to spend money or to perform flny of Trustor's obligAtions under this Dp.p.rI of Trust, after Trustor's fAilure to do so, thM
<br />decision by Lender will not aflp.ct Lp.nrlor's right to declare Trustor in def<lult and to exerr.ise Lender's remp.dies,
<br />
<br />Request for Notice. Trustor, on behalf of Trustor flnd I.rmder, hernby re'luests that a copy of Any Notice of DP.fnull. And 11 r."'py of any
<br />NOlir.p. of SAle under this Deed of Trust be mflilmlto tlwlll flI thn Addresses set f"'th in thn first paragraph of I.his DOf)f1 of Trust,
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<br />Attorneys' Fees: Expenses. If Lender institutes flny suit or flr.tion to enforce any of the terms of this Deed of Trust, Lender shall be
<br />p.nlitlp.d to rer.over sur.h sum as the court m<ly fldilldge rnflsrH1Ahln flS attorneys' feAs M trifll And upon any appeFlI. Whether or not any
<br />r.ourt Ar.tion is involved, and tll the p.xtent not prohibited by law, All reasorlFlble expenses Lender incurs thAt in Lrmder's opinion are
<br />nor.essAry At Any timf' for the protp.ct.ion of its intrHost or the enforr.ernent of its rights shAll become a part of the Ill(lebtedness payable
<br />on demand and shall hear intP.rl)st flt tho Note rate from the date of the expenditure until repaid. Expp.nsp.s r.ovnred by this paragmph
<br />inr.lude, without limitation, howp.ver subjeot to Any limits under applic<lble IflW, Ll)tlfJer's attorneys' fp.es and Lender's leqal expensos,
<br />whether or not therA is fl Iflwsuit, inr.luding attorneys' fees <lnd P.XpFH1SP.S for bankruptcy [Hocp.p.dings (includinq efforts to modify or
<br />V<lc;ll.e Flny fltltOlTlfllir. stAY or injunction), appp.llls, flnd flny Antir.ipllted post-judgnwnt r.oller.tion services, thp. r.ost of searching
<br />rP.cords, obtflining 1itlo reports (includinq fomr.losuro reports), surveyors' reports, flnd flppraisal fees, tit.le insumnr.o, And fees for the
<br />Trustee, to the extent permitted by flpplkAhle law. Trustor alS') will PflY Any r.ourt r.osts, in nddition to All other sums provirled by
<br />lAW,
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<br />Rights of Trustee. Trustee shall hllve 1111 of tho rights And duties of Lender flS sp.l. forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. Thp. following provisions relating to thp. powers and obli<Jal.ions of Trustee are part of I.his
<br />Deed of Trust:
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<br />Powers of Trustee. In flfldition to all powers of Trustep. arising AS a matter of IFlw, Trustee shall have thp. POWP.f to tAke the following
<br />actions with respor.t to the Property upon the writton re'luest of Lender and Tplstor: (A) join in prepnring and filing a m<lp or plflt of
<br />the Rp.fll Property, inr.luding the dedic;ll.ion of streots or other rights to the puhlic; (b) join in granting any oasoment or cre<lting flny
<br />restrir.tion on the Real Property; and (r.) join in any subordination or other Agreement affecting this Deed of Trust or thp. interost of
<br />Lendp.r undnr this Deed of Trust,
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<br />Trustee. Trustee shall mAet all qtJfllifir.Ations required for Trustp.e under Applir.able Inw, In Addition to the rights And remedies set
<br />forth ahove, with resper.t to all or any pflrt of the Property, the Trustp.p. shAll have the rioht to foroclose by noticp. flnd SAle, and Lender
<br />will havo the right to foreclosp. by judicial foreclosure, in p.iOwr Cflse in accordancp. with And to the full p.xtont provided by applir.flhle
<br />lAW,
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<br />Successor TrustelJ. Lender, flt Londer's option, may from time to time appoint fl sur.r.essor Trustep. 1.0 any Trustee appointp.rI under
<br />this Doed ofl rust hy fm instrument execut"".l flnd flr.knnwledgf'd by Lender flnrl mr.orded in thp. offir.e of the recorder of LANCASTER
<br />County, StalF! of Nnhffl",ka, The illst" "llfHlI shAll r.ont<lin, in addition 1.0 flll other matters mquirod by state law, tho nAmes of thp.
<br />miqinfll I endor, Trustf'e, and 'Trustor, tho hook and pa'.le (or cornpulor system referencp.) where this Deed of Trust is rer.orded, flml the
<br />nfllllO And Address nf the SUcr.e",sor tr,-,"'tee, and the insU'lllllent shAll he eXf'cuted flnd Ar.knowledged hy All the beneficillries under this
<br />Dep.d of Trust or thnir sur.r.essors in inlerP.st, The stlr.cessor trustef', wilhout r.onveyance of tl'F! Property, shall succp.p.d 10 All the title,
<br />power, Find dulip.s r.onfe",~d upon the Trustop. in this Deed of lrust and by flpplir.Able law. This pror.edure for substitution of Trustee
<br />slwll govmn to the f'xclusion "f flll olhp.r provisions for suhstitution.
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<br />NOTICES. Any notir.o roquirod to be given undor this Deed of Trust, including without limitation any notir.e of default and flny nntir.e of
<br />SAle shflll he given in writinq, Find shAll be effective when fH;tnFllly deliv()fed, when actuFllly mr.nived by telefacsirnilp. (unlnss otherwise
<br />(()quirod by Iflw), when depositp.d with A nAtionnlly rer.:o<.lni7p.d ovnmiqht r.ourier, or, if mailed, when deposited in tllP. United StAtes mail, ns
<br />first r.lnss, r.ertilied or reqisterwl mAil postAge fHepaid, dirnr:rod to rhp Addresses shown neAr the beginnin<J of this Deed of Trust. All
<br />r.opies of notices of fomclosure from the holder of flny lion whir.h hA'" priority OVAr this Def'd of Trust shall he sent to Lender's addrp.ss, AS
<br />shown nellr the beqinning of this Deed of Trust. Any person may change his or her mlrlre% for notices undm this Deed of Trust by giving
<br />formfll writ\on notir.e to the other pp.rson or pnrsons, specifyinq tllilt tlIP. purpose of the noticp. is to chanqe the pp.rson's address. ror
<br />notir.p. purposes, Trustor awees to kpp'p Londer informed at flll tirnes of Trustor's r.urrent Flddress, Unless otherwise provided or requirwl
<br />by lAW, if there is rnore thFln ono Trustor, any noticA givp.n hy Londer tn Any Trustor is dp.p.med to be noticp. given to all Trustors. It will be
<br />Trustor's responsibility to toll the others of the norir.e from Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellflneous provisions are a part of this Deed of Trust:
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<br />Amendments. What is writl.p.n in this Deed of Trust And in the RelAted Doculllents is Trustor's entire Agreement with Londer
<br />concerning the matters covered by this Deed of Trust. Tn be. flffer.tive, any chAnge or Amenr.!ment to this Deed of Tru!;t must be in
<br />writing And must be signed hy whoover will be bound or obligrrtod by the chanqe or Amendment.
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<br />Caption Headings. Cflption he<ldin~lS in this Deed of Trust Are fur convonionoe purposes only And are not to be used to interpret or
<br />define the provisions of this Dewl of Trust.
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<br />Merger. There slmll hp. no merger of thp. interest or estate crAa!Ad hy this Deed of Trust with any othm interest or estatF! in the
<br />Property At any time 1lP.ld by or for tllP. benp.fit of Lender in llny capflcity, without the wrilten consent of Lp.nder.
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<br />Governing L:lw. This Deed of Trust will be governed by flJdlJmllnw Ilpplicable to LlJnrler and, to the extent not preempterl by federal
<br />l1lw, tbe laws of the State of Nebmsl(A without re!lArd 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 fl Iflwsuit, Trustor awees upon Londer's request to suhmit to the jurisdiction of the courts of HAil County.
<br />StAte of Nebraska.
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<br />Joint And Sover1l1 U1lbility, All ohligAtions of Hr.HfOWp.r flnd Trustor under this Dp.ed of Trust Shflll he joint and sevP.ffll, And all
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