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<br />Loan No: 132827-00100
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<br />DEED OF TRUST
<br />(Continued)
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<br />200803334
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<br />Page 6
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<br />charges, (II) all oth~r sums then secured hereby, and (III) the remainder, If any, to the person or persons legally entitled thereto.
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<br />(c) Trustee may In ~I he manner provided by law postpone sale of all or any portion of the Property.
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />Indebtedness or obligations ifElcured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Note,
<br />under any of the Related Dopuments, or under any other agreement or any laws now or hereafter In force; notwithstanding, some or all of
<br />such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignme~t or otherwise. NeIther the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers conlained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, It being agreed that Trustee and Lender, and
<br />each of them, shall be entltle~ to enforce this Deed of Trust and any other security now or hereafter held by Lender or Truslee In such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be eXbluslve of any other remedy in this Deed of Trust or by law prOVided or permitted, but each shall be cumulative
<br />and shall be In addition to e~ery other remedy given In this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every
<br />power or remedy given by tne Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entilled, may be exercised, c6ncurrently or Independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may purs~e Inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohlbltlng Lender from seeking a
<br />deficiency judgment against 'ithe Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shall not
<br />exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this
<br />Deed of Trust, after Trustor's failure to perform, shall not affect Lender's rlghlto declare a default and exercise its remedies.
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<br />Request for Notice. Trustorl on behaH of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of TrLst be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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<br />Attorneys' Fees; ExpensesJ If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled
<br />to recover such sum as the dourt may adjudge reasonable as attorneys' fees al trial and upon any appeal. Whether or not any court action is
<br />involved, and to the exlent ~ot prohibited by law, all reasonable expenses Lender Incurs that In Lender's opinion are necessary al any time
<br />for the prolection of its inlerest or the enforcement of its rlghts shall become a part of the Indebtedness payable on demand and shall bear
<br />Interest at the Note rate froin the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any IImlt~ under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit,
<br />including attorneys' fees anq expenses for bankruptcy proceedings (including efforts 10 modify or vacate any automatic slay or injunction),
<br />appeals, and any anticipated posf.-.judgment collection services, the cost of searching records, obtaining tllIereports (Including foreclosure
<br />reports), surveyors' reports, and appraisal fees, Iltle insurance, and fe,es for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs'lin addition to all other sums provided by law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust: I
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<br />Powers of Trustee. In addi ion to all powers of Trustee arlslng as a matter of law, Trustee shall have the power to lake the following actions
<br />with respect to the Propert~ upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on the
<br />Real Property; and (c) join ih any subordination or olher agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust. I
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<br />Trustee. Truslee shall meelt all qualifications required for Trustee under applicable law. In addition to the ,rights and remedies set forth
<br />above, with respect to all or lany part of the Property, the Trustee shall have the righl to foreclose by notice and sale, and Lender shall have
<br />the right 10 foreclose by judIcial foreclosure, In either case in accordance with and 10 the full extent provided by applicable law.
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<br />Successor Trustee. Lend~r, at Lender's opllon, may from time to lime appoint a successor Trustee to any; Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of Hall County, State of
<br />Nebraska. The Inslrument shall contain, in ad dill on to all other matters required by stale law, the names of the original Lender, Trustee, and
<br />Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the
<br />successor trustee, and the I Instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br />successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the lille, power, and dutles conferred
<br />upon the Trustee in this De~d of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for SUbStitution.
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<br />NOTICES. Any notice required to be given under Ihls Deed of Trust, Including wlthoullimitatlon any notice of default and any notice of sale shall
<br />be given in writing, and shall bel effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationallyl recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or
<br />registered mall postage prepaid, directed to the addresses shown near Ihe beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning Of this Deed
<br />of Trust. Any party may change its address for notices under this Deed of Trust by gMng formal written notice to the other parties, specifying that
<br />the purpose of the notice is to c~ange the party's address. For' notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's
<br />current address. Unless olherwi~e provided or required by law, if there is more Ihan one Trustor, any notice given by Lender to any Trustor is
<br />deemed 10 be notice given to all Trustors.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments. This Deed ollf Trust, together with any Related Documents, constitutes the enlire understanding and agreement of the parties
<br />as to the matters set forth in this Deed of Trust. No alleration of or amendment to this Deed of Trust shall be effective unless given In writing
<br />and signed by the party or Rarties sought to be charged or bound by the alteration or amendment.
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<br />Annual Reports. If the pro~erlY is used for purposos other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified
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