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<br />DEED OF TRUST
<br />(Continued)
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<br />200803647
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<br />Page 5
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<br />by mortgage, deed of trust, pledge, lien, esslgnment Or otherwise. Neither the acceptance of this Deed of Trust nor Its enforcement,
<br />whather by coun action or pursuant to the power of ssle or other powers contslned in this Deed of Trust, shall prejudice or in any
<br />msnner 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 thet Trustee end Lender, and eech of them, shell be entitled to enforce this Oeed 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 />ramedy conferred upon or raserved 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, but each shall be cumulative end shall be In addition to every other remedy given In this Deed of Trust or
<br />now or hereaftar existing at law or In eqUity or by statute. Every power or remedy given by the Note or any of the Releted Documents
<br />to Trustee or Lender or to which either of them may be otharwlse entitled, may ba exercised, concurrently or independently, from time
<br />to time and HI!;! often as may be deemed expedient by Trustee or Lender, and either of them may pursue incon9istent remedies.
<br />Nothing in this Deed of Trust shell be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such ectlon is permitted by law. Election by Lender to pursue eny remedy shell not exclude pursuit of any other remedy, end
<br />an election to make expenditures or to take action to perform en obligation of Trustor undar this Deed of Trust, efter Trustor's failure
<br />to perform, shell not affect Lender's right to declare a defeult and exercise its 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 a copy of any
<br />Notice of Sele under this Deed of Trust be mailed to them at tha addresses set fonh In the first psregraph of this Deed of Trust,
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<br />Attorneys' Fees; E)(penses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Tru:!iIt, Lender shall be
<br />entitled to recover such sum es the coun mey edjudge reasonable es ettorneys' feas at trial and upon any eppeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion era
<br />necessery et any time for the protection of its interest Or the enforcement of Its rights shell become a part of the Indebtedness peyable
<br />on demand and shall bear interest et the Note rate from the dete of the expenditure until repaid. Expensea covered by this paragreph
<br />inClude, without limitetlon, however aubJect to any limits under app1Jcable lew, Lender'a ettorneys' fees and Lander's legel expenses,
<br />whether or not there la e lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (InCluding efforts to modify or
<br />vacate any automatic stay or injunction) I appeals, and any anticipated post-judgment collection services, the cost of searChing
<br />records, obtaining title reports (Including foreclosure reports), surveyors' reports, end apprelsel fees, title Insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay eny court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have ell Of the rights and duties of Lender es set forth in this section,
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<br />POWERS AND OBUGA TIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to ell powers of Trustee arising as a metter of law, Trustee shall heve the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: lal join in prepering and filing a map or plat of
<br />the Reel Property, including the dedication of streets or other rights to the pub1Jc; (bl Jain In granting any eesement or creating eny
<br />restriction on the Reel Property; and (c) join in any subordination or other egreement effecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustea. Trustee shall meet ell qualificetions required for Trustee under applicable law, In eddition to the rights end remedies set
<br />forth above, with respect to all or eny part of the Property, the Trustee shall have the right to foreclose by notice and sele, end Lender
<br />shall have the right to foreclose by judlclel 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, mey from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Dead of Trust by en instrument executed and acknOWledged by Lendar and recorded in the office of the recorder of Hall County,
<br />Stete of Nebraska. The Instrument shell contain, In eddition to all other matters required by state law, the nemes of the original
<br />Lender, Trustee, and Trustor, the book end page lor computer system referencel where this Deed of Trust Is recorded, and the neme
<br />and eddress of the Successor trustee, and the instrument shall be executed and acknowledged by all 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, end duties conferred upon the Trustee in ttils Deed of Trust and by epp1Jceble law, This procedure for substitution of Trustee
<br />shall govern to tha exclusion of all other proviSions for substitution. .
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<br />NOTICES.. Any notice required to be given under this Oeed of Trust, Including without IImltetion sny notice of default and eny notice of
<br />sele shell be given In writing. and shall be effective when ectually delivered, when sctuelly received by telefacsimile (unless otherWise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when depOSited in the United Stetes mall, as
<br />first class, certified or registered mail postage prepaid, directed to ths eddresses shown near the beginning of this Deed of Trust, All
<br />copies of notices of foreclosure from the holder of eny lien which has priority over this Deed of Trust shall be sent to Lender's address, es
<br />shown near the beginning of this Deed of Trust. Any party may chenge its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying thet the purpose of the notice is to change the pany's addreaa. For notice purposes, Trustor
<br />agrees to keep Lender Informed at ell times of Trustor's Current address. Unless otherwise provided Or requIred by lew, If there i. more
<br />than one Trustor, any notice given by Lender to any Trustor Is deemed to be notice given to all Trustor..
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<br />MISCELLANEOUS PROVISIONS. The following mlscelleneous provislo~s are e pan of this Deed of Trust:
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<br />Amendments. This Deed of Trust. together with eny Related Documents, conatltutes the entire understendlng and agreement of the
<br />parties as to the matters set forth In this Deed of Trust, No elteratlon of or amendment to this Deed of Truat shell be effective unless
<br />given In writing and s'igned by the perty or parties sought to be chorged nr bound by the elteration or amendment.
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<br />Annual Repons. If tha Property is used for purposes other then 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 detsil as
<br />Lender shall require. "Net oparatlng income" shall mean ell cash receipts from the Property less ell cash expenditures made in
<br />connection with the operetlon of the Property.
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<br />Caption Headings. Ception headings in this Deed of Trust are for convenience purposes only end are not to be used to interpret or
<br />define the prOvisions of this Deed of Trust.
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<br />Merger. There shell be no merger of the interest or estete creeted by this Deed of Trust with any other interest Or e.tate In the
<br />Property at eny time held by or for the benefit of Lender In eny capacity, without the written consent of Lender.
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<br />Governing Law, This Dead of Tru.t wnl be governed by federal law applicable to Lender and, to tho extent not preempted by federal
<br />law, the lews of the State of Nebraska without regard to its conflicts of law provisions, Thi. Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
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<br />Choice 01 Venue. If there Is a lawsuitf Trustor agrees upon LendBr's request to submit to the jurisdiction of the Courts of Hall County,
<br />State of Nebreske.
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<br />Joint end Severelliability. All obligetions of Borrower and Truator under this Deed of Trust shall be joint end 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
<br />means that eech Trustor signing below is responsible for all Obligations In this Deed of Trust.
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<br />No Waiver by Lander, Lender shall not be deemed to have waived eny right. under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the pert of Lender In exercialng eny right shall operete as e weiver of such
<br />right or any othar right. A waiver by Lender of a provision of thl. Deed of Trust shell not prejUdice or constitute e waiver of Lender's
<br />right otherwise to demand strict compliance with thet provision or any other provision of this Deed of Trust. No prior weiver by
<br />Lender, nor any COurse of dealing between Lender and Trustor, shsll constitute a waiver of any of Lender's rights or of eny of
<br />Trustor's Obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and In all cases such consem may be granted or Withheld in the sole discretion of Lender.
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<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal, Invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the Offending prOvision Illegal, inval,id, or unenforceable 8S to any other person
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