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<br />Loan No: 807550
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<br />DEED OF TRUST
<br />( Continued)
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<br />200800553
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<br />Page 5
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<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />hy mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether hy court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
<br />mmedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, hut each shall he cumulative and shall be in addition to every other remedy given in this DfH~d of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and p.ither of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shllll be construed as prohihiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
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<br />Election of Remedies. All of Lender's rights and remedies will he cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
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<br />Request for Notice, Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and II copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them at the ilddresses set forth in the first paragraph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge rellsonable as attorneys' fees at trilllllnd upon IIny appeal. Whether or not Ilny
<br />court action is involved, and to the extent not prohibited hy law, all masonllble expenses Lender incurs that in Lender's opinion me
<br />necessllry 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 IInd shllll bellr interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, L.ender's attorneys' fees and L.ender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for hankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of sp.mching
<br />records, ohtllining title reports (including 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 flnd dutip.s of Lp.ndp.r as set forth in this section.
<br />
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following 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 all powers of Trustee arising as a matter of law, Trustee shllll hllve the power to tllke the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any suhordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth Ilbove, with reRrect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will 1)lIve the right to fore910se by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law. - - -
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<br />Successor Trustee. Lender, at Lender's option, may from 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 Nebraskfl_ The instrument shllll contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computp.r system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed IInd IIcknowledged by 1111 the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, Ilnd duties conferred upon the Trustee in this Deed of Trust and by applicflble law. This rrocedure for substitution of Trustee
<br />shllll govern to the exclusion 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 limitlltion IIny notice of defllult IInd IIny notice of
<br />sale shllll he given in writing, and shall be effective when actually delivered, when IIctually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nfltionlllly recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postllge prepilid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shllll he sent to Lender's rlddress, rlS
<br />shown near the heginning of this Deed of Trust. Any person may change his or her address for notices 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 chllnge the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by IIIW, if there is more than one Trustor, any notice given hy 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.
<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 TrURtor's entire agreement with Lender
<br />concerning the mailers covered by this Deed of Trust. To be effective, any change or IImendment to this Deed of Trust must be in
<br />writing IInd must be signed by whoever will be bound or obligated by the change or amendment.
<br />
<br />Caption Headings. Cllption 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 intP.reRl or eRtate created by this Deed of TruRl with flny other interest or estfllp. in tbe
<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.
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<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 of Nebraska.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by Lender. Trustor unrJerstan(Js Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delllYs or omits to exercise any right will not melln that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not melln Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. TrURtor 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 IIgain. 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 presentment, demand for payment, protest, and notice 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, thllt fact by itself will not
<br />mean that the rest of this Deed of Trust will not be vlllid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
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