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<br />Loan No: 807503
<br />
<br />DEED OF TRUST
<br />( Continued)
<br />
<br />200710422
<br />
<br />Page 5
<br />
<br />indebtedness ar abligatians secured by this Deed of Trust and to. exercise all rights and pawers under this Deed af Trust, under the
<br />Nate, under any af the Related Dacuments, ar under any ather agreement ar any laws now ar hereafter in force; natwithstanding,
<br />same ar all af such indebtedness and abligatians secured by this Deed af Trust may naw ar hereafter be atherwise secured, whether
<br />by mortgage, deed af trust, pledge, lien, assignment ar atherwise. Neither the acceptance af this Deed af Trust nar its enfarcement,
<br />whether by caurt actian ar pursuant to. the pawer af sale ar other pawers cantained in this Deed af Trust, shall prejudice ar in any
<br />manner affect Trustee's ar Lender's right to. realize upan ar enfarce any ather security naw or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each af them, shall be entitled to. enfarce this Deed af Trust and any ather security naw ar
<br />hereafter held by Lender or Trustee in such arder and manner as they or either af them may in their absolute discretian determine. No.
<br />remedy canferred upan or reserved to. Trustee ar Lender, is intended to. be exclusive af any ather remedy in this Deed af Trust ar by
<br />law provided ar permitted, but each shall be cumulative and shall be in additian to. every other remedy given in this Deed af Trust or
<br />naw ar hereafter existing at law or in equity ar by statute. Every pawer ar remedy given by the Note or any af the Related Dacuments
<br />to. Trustee ar Lender ar to. which either af them may be atherwise entitled, may be exercised, cancurrently ar independently, from time
<br />to. time and as aften as may be deemed expedient by Trustee or Lender, and either af them may pursue incansistent remedies.
<br />Nathing in this Deed af Trust shall be canstrued as prohibiTing Lender fram seeking a deficiency judgment against the Trustar to. the
<br />extent such actian is permitted by law.
<br />
<br />Election of Remedies. All af Lender's rights and remedies will be cumulative and may be exercised alane or Tagether. If Lender
<br />decides to spend money ar to. perfarm any of Trustar's abligatians under this Deed af Trust, after Trustor's failure to. do. so, that
<br />decisian by Lender will nat affect Lender's right to. declare Trustar in default and to exercise Lender's remedies.
<br />
<br />Request for Notice. Trustor, on behalf af Trustar and Lender, hereby requests that a copy af any Natice af Default and a capy af any
<br />Natice af Sale under this Deed af Trust be mailed to them at the addresses set farth in the first paragraph af this Deed of Trust.
<br />
<br />Attarneys' Fees; Expenses. If Lender institutes any suit ar actian to enfarce any af the terms af this Deed af Trust, Lender shall be
<br />entitled to. recaver such sum as the caurt may adjudge reasanable as attarneys' fees at trial and upan any appeal. Whether ar nat any
<br />caurt actian is invalved, and to. the extent nat prahibited by law, all reasanable expenses Lender incurs that in Lender's apinian are
<br />necessary at any time far the pratectian af its interest ar the enforcement of its rights shall became a part af the Indebtedness payable
<br />an demand and shall bear interest at the Nate rate fram the date af the expenditure until repaid, Expenses cave red by this paragraph
<br />include, withaut limitatian, hawever subject to. any limits under applicable law, Lender's attarneys' fees and Lender's legal expenses,
<br />whether ar not there is a lawsuit, including attarneys' fees and expenses far bankruptcy praceedings (including effarts to. madify ar
<br />vacate any automatic stay ar injunctian), appeals, and any anticipated past-judgment callectian services, the cast of searching
<br />recards, obTaining title reparts (including fareclasure reparts), surveyors' reparts, and appraisal fees, title insurance, and fees far the
<br />Trustee, to the extent permitted by applicable law. Trustar also will pay any court costs, in addition to all other sums pravided by
<br />law.
<br />
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following pravisions relating to the powers and obligations of Trustee are part of this
<br />Deed af Trust:
<br />
<br />Powers of Trustee. In addition to all pawers af Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actians with respect to the Praperty upon the written request of Lender and Trustar: (a) jain in preparing and filing a map ar plat af
<br />the Real Property, including the dedicatian af streets or ather rights to the public; (b) join in granting any easement or creating any
<br />restrictian an the Real Property; and (c) join in any subardination or ather agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed af Trust.
<br />
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />farth above, with respect to. all ar any part of the Property, the Trustee shall have the right to. fareclase by natice and sale, and Lender
<br />will have the right to foreclo.se by judicial fareclosure,. in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />
<br />Successor Trustee. Lender, at Lender's option, may from time to time appaint a successor Trustee to. any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recarded in the affice af the recarder of Hall County,
<br />State of Nebraska, The instrument shall contain, in addition to all other matters required by state law, the names of the ariginal
<br />Lender, Trustee, and Trustor, the baak and page (or computer system reference) where this Deed af Trust is recorded, and the name
<br />and address af the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust ar their successors in interest. The successor trustee, without conveyance of the Praperty, shall succeed to all the title,
<br />power, and duties canferred upan the Trustee in this Deed of Trust and by applicable law. This procedure for substitutian af Trustee
<br />shall govern to the exclusian of all ather pravisians far substitution.
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust. including without limitation any notice of default and any natice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a natianally recognized overnight courier, 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 />capies af notices of foreclosure from the holder af any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning af this Deed of Trust. Any person may change his or her address far natices 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 change the person's address. For
<br />notice purpases, Trustar agrees to keop Lender informed at all times af Trustar's current address. Unless atherwise 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 natice given to all Trustars. It will be
<br />Trustor's responsibility to tell the athers of tho notice from Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters cave red by this Deed of Trust. To be effective, any change or amendment to this Dood of Trust must be in
<br />writing and must be signed by whaever will be baund ar abligated by the change ar amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are far convenience purpases only and are nat to be used to interpret or
<br />define the provisians of this Deed af 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 ar far the benefit af 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 />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State af Nebraska.
<br />
<br />Joint and Several Liability. All abligatians af Trustar under this Deed of Trust shall be joint and several, and all references to Trustar
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible far all obligatians in this Deed af Trust.
<br />
<br />No Waiver by Lender. Trustar understands Lender will nat give up any of Lender's rights under this Deed af Trust unless Lender daes
<br />so in writing. The fact that Lender delays or amits to. exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does nat mean Trustor will nat have to. camply with the other provisions
<br />of this Deed of Trust. Trustor also. understands that if Lender daes cansent to. a request, that daes not mean that Trustor will not
<br />have to. get Lender's consent again if the situation happens again. Tnlstar further underSTands that just because Lender consents to.
<br />ane ar more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustar
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />
<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 af this Deed af Trust will nat be valid or enforced. Therefore, a caurt will enfarce the rest af the provisions of this
<br />Deed of Trust even if a provision af this Deed af Trust may be found to be invalid ar unenfarceable.
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