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<br />200700601
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<br />12. Should the Beneficiary elect to foreclose by exercise of the power of sale herein contained, the Beneficiary shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the note and such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require, and upon request of the Beneficiary, the Trustee shall cause to be recorded, published
<br />and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee
<br />shall without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default
<br />and after Notice of Sale having been given as required by law, sell the property at the time and place of sale fixed by it in such
<br />Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it
<br />may determine, at public auction to the highest bidder for cash and shall deliver to such purchaser or purchasers thereof a deed
<br />to the property sold, consistent with the law then in effect. Recitals in the Trustee's deed shall be prima facie evidence of the
<br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable
<br />costs and expenses of the sale, including but not limited to Trustee's fees of not more than 2% of the gross sale price, reasonable
<br />attorney fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person
<br />or persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property at said sale. Trustee may
<br />in the manner provided by law, postpone sale of all or any portion of the property.
<br />13. Trustee and the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any indebtedness
<br />or obligation secured hereby and toexerciseallrights and powers under this Deed ofTrusf or under any loan instrument or
<br />other agreement or any laws nofor hereafter enforced notwithstanding some or all of the indebtedness and obligations secured
<br />hereby which may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or oth-
<br />erwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of
<br />sale or other powers herein contained, shall prejudiCe or in any manner affect Trustee's or the Beneficiary's right to realize upon
<br />or enforce any other security now or hereafter held by Trustee or the Beneficiary, it being agreed that Trustee and the Benefici-
<br />ary, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by the Benefi-
<br />ciary or Trustee in such order and manner as they may in their absolute discretion determine. No remedy herein conferred upon
<br />or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted,
<br />but each shall be cumulative and shall be in addition to every other remedy given hereunder or now Or hereafter existing at law
<br />or equity or by statute. Every power or remedy given by any of the loan instruments to Trustee or the Beneficiary or to which
<br />either of them may be otherwise entitled may be exercised, concurrently or independently, from time to time and as often as
<br />may be deemed expedient by Trustee or Beneficiary, and either of them may pursue inconsistent remedies. Nothing herein shall
<br />be construed as prohibiting the Beneficiary from seeking a deficiency judgment against Trustors to the extent such action is
<br />pennitted by law.
<br />14. Trustors hereby request a copy of any notice of default and that any notice of sale hereunder be mailed to Trustors at the
<br />address set forth in the first paragraph of this Deed of Trust.
<br />15. The Beneficiary may, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustors and re-
<br />corded in the County in which the property is located and by otherwise complying with the provisions of the applicable law of
<br />the State of Nebraska, substitute a successor to the Trustee named herein or acting hereunder.
<br />16. This Deed of Trust applies to and inures to the benefit of and binds all parties hereto, their heirs, personal representa-
<br />tives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the note, whether or not named as
<br />Beneficiary herein.
<br />17. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without
<br />affecting the lien or charge of this Deed of Trust upon any portion of the property not then or theretofore released as security
<br />for the full payment of all unpaid obligations, the Beneficiary may, from time to time and without notice: (a) release any per-
<br />sons so liable; (b) extend the maturity or alter any of the terms of any such obligation; (c) grant other indulgences; (d) release or
<br />reconvey at the Beneficiary's option any parcel, portion or all of the property; (e) take or release any other or additional security
<br />for any obligation herein mentioned; or (t) make compositions or other arrangements with debtors in relation thereto.
<br />18. This Deed of Trust shall be governed by the laws of the State of Nebraska and, in the event anyone or more of the provi-
<br />sions contained herein; or the note or any other security instrument given in connection with this transaction shall be for any
<br />reason held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect
<br />any other provisions of this Deed of Trust, but the Deed of Trust shall be construed as if such invalid, illegal or unenforceable
<br />provision had never been contained herein or therein.
<br />19. Any forbearance by the Beneficiary or Trustee in exercising any right or remedy hereunder, or otherwise afforded by ap-
<br />plicable law, shall not be a waiver of or preclude the exercise of any such right or remedy hereunder. Likewise, the waiver by
<br />the Beneficiary or Trustee of any default of the Trustors under this Deed oiTrust shall not be deemed to be a waiver of any
<br />other or similar default subsequently occurring.
<br />20. Upon the written request of the Beneficiary stating that all sums secured hereby have been paid, and upon surrender of
<br />this Deed of Trust and the note to the Trustee for cancellation and retention and upon payment by Trustors of Trustee's fees,
<br />Trustee shall reconvey to Trustors, or the person or persons legally entitled thereto, without warranty, any portion of the prop-
<br />erty then held hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness
<br />thereof. Grantees in the reconveyance may be described as the "person or persons legally entitled thereto."
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<br />IN WITNESS WHEREOF, Trustor have executed this Deed of Trust on the date first noted above.
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<br />Jean A. Spiehs
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<br />STATE OF NEBRASKA)
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<br />COUNTY OF HALL )
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<br />The foregoing instrument was acknowledged before me on Jan
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<br />ry 4, 2007, by Jean A. Spiehs.
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