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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200804226
<br />
<br />Page 5
<br />
<br />appeals, and any anticipated post-judgment collection selVices, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), sUlVeyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in addition to all other sums provided by 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 provisions relating to the powers and obligations of Trustee are part of this Deed of
<br />Trust:
<br />
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property 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 in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
<br />the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />
<br />Successor Trustee. Lender, at Lender's option, may from time to time 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 instrument shall contain, in addition to all other matters required by state 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 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 title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution,
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the 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 giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's
<br />current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors.
<br />
<br />HAZARD INSURANCE. Borrower must maintain and provide evidence of hazard insurance coverage on all insurable assets given value by the
<br />Appraiser in the Appraisal that supports the Loan for the life of the loan. The amount of coverage will be at least equal to the appraised
<br />(contributory) value of the asset, but does not need to exceed the loan amount. The deductible for hazard insurance may not exceed $10,000 or
<br />two (2) percent of the applicable amount of coverage (whichever is less). Failure to maintain the required insurance coverage constitutes an
<br />event of default under the Mortgage.
<br />
<br />DISSEMINATION OF INFORMATION. If the Lender determines at any time to sell, transfer or assign the Note, this Security Instrument and any
<br />other security instruments, and any or all selVicing rights with respect thereto, or to grant participations therein ("Participations") or issue, in a
<br />public offering or private placement, mortgage passthrough certificates or other securities evidencing a beneficial interest in the loan ("Securities"),
<br />Lender may forward to each purchaser, transferee, assignee, selVicer, participant, investor, or their respective successors in such Participations
<br />and/or Securities ("collectively, the "investor"), any rating agency rating such Securities and each prospective Investor, all documents and
<br />information which Lender now has or may hereafter acquire relating to the Indebtedness and to the Borrower, any Guarantor, any Indemnitors
<br />and the Mortgaged Property, which shall have been furnished by Borrower, any Guarantor or any Indemnitors, as Lender determines necessary or
<br />desirable,
<br />
<br />ANNUAL FINANCIAL STATEMENTS. Borrower agrees to provide Lender with updated financial statements and other requested financial reports,
<br />including tax returns, not more frequently than annually and at any time when the Mortgage Loan is delinquent or otherwise in default and at such
<br />other reasonable times as Lender may request. The failure of Borrower to provide annual financial statements or other requested reports within a
<br />reasonable time may be declared to be a default of this note by the Lender and Lender may exercise all remedies under the provision in this note
<br />captioned "Default" or as provided elsewhere in this document.
<br />
<br />ACCELERATION IN THE EVENT OF SALE. In the event any or all of the real estate described in the Mortgage or Deed of Trust, Security
<br />Agreement or other instrument providing security for this note is sold, exchanged or otherwise transferred, the Lender's written consent must be
<br />obtained prior to any sale or Lender may, without notice, declare the entire unpaid balance of this note and all accrued and unpaid interest plus
<br />costs and fees due under this note immediately due and payable.
<br />
<br />LENDER ADVANCES. The Lender may make advances under the Mortgage or Deed of Trust, Security Agreement or other instrument providing
<br />security for this note, to protect the Lender's interest in any Mortgage or Deed of Trust, Security Agreement or other instrument providing security
<br />for this note from loss of value or damage. Any money so advanced (including reasonable costs of recovery and attorney's fees) plus interest at
<br />the default rate shall become an obligation due and owing under the terms of this note immediately upon the date advanced by Lender and is an
<br />obligation of the Borrower secured by the Mortgage or Deed of Trust, Security Agreement or other instrument providing security for this note.
<br />
<br />JURISDICTION. If litigation is required in state court, Borrower agrees to submit to the jurisdiction of the courts of Yankton County, State of South
<br />Dakota and venue, at Lender's discretion shall be proper there. If litigation is required in federal court, Borrower agreed to submit to the
<br />jurisdiction of the federal court in Sioux Falls, South Dakota. All parties to this Mortgage or Deep (Jf Trust hereby waive the right to any jury trial in
<br />any action, proceeding, or counterclaim brought by any party against any other party. C. s: M (INITIAL HERE).
<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 parties
<br />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 given in writing
<br />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 certified
<br />statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br />require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the
<br />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 define
<br />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 Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />
<br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the
<br />Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the
<br />laws of the State of Nebraska. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to
<br />the extent not preempted by federal law, the laws of the State of South Dakota without regard to Its conflicts of law provisions.
<br />However, if there ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that Is
<br />questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan
<br />transaction that is evidenced by the Note and this Deed of Trust has been applied for, considered, approved and made, and all
<br />necessary loan documents have been accepted by Lender In the State of South Dakota.
<br />
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
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