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<br />Loan No: 4032026768
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200702907
<br />
<br />Page 9
<br />
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable.
<br />
<br />If Montana law governs the Dispute, the following provision is included:
<br />
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if
<br />the dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Montana, thereby agreeing that all indebtedness
<br />and obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully
<br />valid and enforceable.
<br />
<br />If Nevada law governs the Dispute, the following provision is included:
<br />
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if
<br />the dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ij) all parties to the arbitration waive any
<br />rights or benefits that might accrue to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and
<br />obligations of the parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid
<br />and enforceable.
<br />
<br />If Utah law governs the Dispute, the following provision is included:
<br />
<br />Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no Dispute shall be submitted to arbitration if
<br />the Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless the holder of the
<br />mortgage, lien or security interest specifically elects in writing to proceed with the arbitration. If any such Dispute is not submitted to
<br />arbitration, the Dispute shall, at the election of any party, be referred to a master in accordance with Utah Rule of Civil Procedure 53, and
<br />this general reference agreement is intended to be specifically enforceable. A master with the qualifications required herein for arbitrators
<br />shall be selected pursuant to the AAA's selection procedures. Judgment upon the decision rendered by a master shall be entered in the
<br />court in which such proceeding was commenced in accordance with Utah Rule of Civil Procedure 53(e).
<br />
<br />FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full reconveyance of the Real Property by
<br />Trustee to Trustor, may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust. not including sums advanced to protect the
<br />security, exceed the sum of the original principal amount of the Note, which is stated within the definition of the Note herein. Advances of
<br />disbursements made by Beneficiary to protect the security, under the terms hereof, while discretionary shall not be deemed to be optional
<br />advances.
<br />
<br />DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness" herein includes, without limitation, all liability of Borrower or other party
<br />having its obligations to Lender secured by this Deed of Trust, whether liquidated or unliquidated, defined, contingent, conditional or of any
<br />other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge
<br />transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) at any time entered into with
<br />Lender in connection with the Note.
<br />
<br />ENCUMBRANCES. Grantor/Mortgagor/Trustor shall not, without Lender's consent. mortgage. assign. grant a lien upon or security interest
<br />in, or otherwise encumber the Property or any interest in the Property, or allow such a lien or security interest to exist or arise. whether
<br />voluntarily. involuntarily or by operation of law, except for liens and security interests in favor of Lender, or property taxes attributable to
<br />the Property which are not past due.
<br />
<br />MAXIMUM SECURED AMOUNT. The maximum amount secured by this Deed of Trust is twice the aggregate amount of the Note and each
<br />other instrument, agreement or obligation specifically described herein. or otherwise incorporated herein by reference, including any of the
<br />foregoing which is incorporated into this Deed of Trust by a modification or similar document recorded subsequent to the date hereof. The
<br />maximum amount secured by this Deed of Trust shall not in any way imply that Beneficiary shall be obligated to advance any amount at
<br />any time. Advances or disbursements made by Beneficiary to protect the security, under the terms hereof, shall not be deemed to be
<br />optional advances.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />
<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 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 />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
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