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<br />200804906
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 5
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<br />Nothing in 1IIIs Deed of TrllB'l shsll be construed Ss prohibiting L9nd8r from seeking "a daflcleocy judgment against the Trustor to tha
<br />ext8nt such ection is permitted by Isw. Election by Lender to pursue any remedy shall not exclude purauit of any other remedy, and
<br />an alection to maka a>qlandituras or to take action to perform an Obligation of Truetor under this Deed of TrUB'l, after Trll8'lOr's failure
<br />to perform, ahall not affect Lender's right to declare a defaull and" exercise its remedies.
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<br />R--" for N_. 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 Sale under this Deed of TrllB'l be mailed to them at the addl'll8$es set forth in the first paragraph of this Dead of TrllB'l.
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<br />Attorneys' Fees; Expanses. If lender IJ\8titutelo any aull or action to enforca any of the tarme of this Deed of Trust, lender shell be
<br />entitled to recover Buch aum as the coon may adjudge reasonable sa atlDrneys' feeB at trial and upon any BPP8a1. Whether or not any
<br />court action Is Involved, and to the extent not prohiblnrd. by lew, ull rea8Ol\llble expenses Lender Incura that in LDnder*.. opinion .r.
<br />nec........ry at any time for the protactlon of its Intereet or the anfor""",ant of Its rights shall become a pert of the Indebtadneas paysble
<br />On demsnd and shall bear Interest at the Note rate fro'" the date of the expenditure until rapald. Expenses covered by thls p.r.greph
<br />Include, without limitation, however subject to any limits under applicable law, Lender'a attorneys' fees and Lender's legal eXPenses,
<br />whether or not thare i. a I.waull, Including attorl1ey8' fees and expen..... for benkruptCy proceedlnga (including effQrta to modify or
<br />\IlIoate any automatic atey or injunction). appeela, and any anticipatad peat-Judgment coll8ctlon services, the cost of ....rchlng
<br />recorda, obtaining title reporta (including forecloaore reporta), surveyO",' reporta, .nd appraisal fees, tilIe insurance, and fees for the
<br />Truetee, to the extent permitted by appllcabla lew. Trustor alao will pay any court cceta, In addition to ell other suma provided by
<br />iaw.
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<br />RIghts of Trustee. Trustee ahall have all of the rights and dutlaa of Lander as set forth in this aeotion.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions reiatlng to the powere end obligations of Truetee are part of thlll
<br />Deed of TrllB'l:
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<br />Pow_ of Tl1Ietee. In addition to all powe", of Trustee arising es a m_ of law, Truatee shall have the power to take the following
<br />actio,," with respect to the Property upon the written request of Lender and Trustor: (al Join In preparing snd filing a map or plat of
<br />the Raal 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 Ic) join In any subordination or other agreement affecting this Deed of TrllB'l or the lmerest of
<br />Lender under this Deed of TrllB'l.
<br />
<br />Trustee. Truatee ahall mset ell qUalifications required for Trustee under applicable law. In addition to the rights end remedies sat
<br />terth above, with raspect to all or any pert of the Property, the Truetee shall have the right to forsclOlle by notice end "sale, and Lender
<br />ahall have the right to foreclose by Judlclel foraclosure, In either ca... in eccordance with snd to the full extent provided by applicable
<br />law.
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<br />Successor T..-e. Lender. at Lender'a option, may from time to time appoint a succesllOr Trustee to any Truetee eppolnted under
<br />this Dead of TrllB'l by an instrument executed and acknowledged by Lender and recorded In the office of the racorder of Hall County,
<br />St8t8 of Nebreaka. The instrument ahall comeln, in addition to all other mattera required by state law, the names of the original
<br />lender, Trustee, end Trustor, the book and page (or computer system reference) where thlll Dead of Truat ia recorded, and the nama
<br />and addl'll8$ of the SuC088sor truatee, and the Instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of TrllB'l or their sUCCessora in lmaraat. The SUCCessOr truatee, without conveyance of the Property, shall succe8d to sll the title,
<br />power, and dutias conferred upon the Trustee In this Dead of TrUB'l and by applicable law. ThI8 procedure for subatltution of Trustee
<br />ah.1I go-., to the exclusion of all other prevlalona for eubatitution.
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<br />NOTICES. Any notice required to be given under thla Deed of TrllB'l, Including without limitation any notice of defeull and any noli"" of
<br />sale shall be given In writing, and shell be effective when actuelly delivered, when actually received by teletacelmlle lunleea otharwise
<br />required by law), when depositad with a nationally recognized overnight courter, or, If mallad, when deposited in the United States mall. es
<br />fIrat cl888, certified or registered mail postage prapald, directed to the addressee ahown near the beginning of this Deed of TrllB'l. All
<br />coples of notlcea of foreclosura from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's addresa, aa
<br />shown near the beginning of this Deed of TrllB'l. Any party may change Ita eddress for notlcaa under thla Dead of TrllB'l by giving formal
<br />written notica to the other parties, specifying that the purpoaa of the notice III to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender Informed at all ti""", of Truetor's current eddress. Unless otherwise provlded or required by Isw, If there is more
<br />then one Trustor, any notk:e given by Lander to any Trustor III deemed to be notice given to all Trustora.
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<br />MlSCB..l.ANEOUS PROVISIONS. The following millaelleneoua provlsions are a part of thlll Deed of TrllB'l:
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<br />An1endmente. This Deed of Trust, together with any Related Docurn8ma, conatItutes the entire underatendlng end agreement of the
<br />partlee as to the matters set forth in this Deed of Trust. No alteration of Or amendment to this Deed of TrllB'l ahell be effective unless
<br />given in writing and signed by the party or psrtles sought to be charged or bound by the alteration or amendment.
<br />
<br />Annual R8pMl8. If the Property III uaad for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified _ment of oat operating Income recel"" from the Property during Trustor's prevloua fiecal year In such form and detail as
<br />lender ahall require. "Nat Operating Income" shall mean all cash receipts from tha Property leas all cash expenditurea mede In
<br />connection with the operation of the Property.
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<br />Captlen HeecIIngs. Caption headings in thlll Deed of Trust ere for convenience purpoaea only and ara not to be used to interpret or
<br />define the provlalons of this Deed of Trust.
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<br />Molrgtor. There shall be no merger of the lmereat or _ created by this Deed of Trust with eny other Interest or eatet8 in the
<br />Property at any time hald by or for the benefit of Lender in any capacity, without the written consent of lender.
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<br />Governing Law. This Deed ef TIUSt wHl be governed by faderal low ............... to lender end, to the extent not..-npted by_ra1
<br />low, the _ of the State of Nebnl8te wllhout regard to Ita <lOIItIIab of low provlslona. Thle Deed of Trust h88 bean accepted bV
<br />Lender In the Stata of Neb......
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<br />Choice of V......... If there is a Iewsult, Trustor agrees upon lender's request to aubmlt to the Jurilldlctlon of the courts of Hall County,
<br />State of Nebreske.
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<br />No We_ by Lander. Lender ahall not be deemed 1il heve waived any rights under this Deed of Trust unless such waiver Is given In
<br />writing and signed by lendur. No delay or omiaelon on the part of Lender in exerclalng any right shell operate ae a waiver of auch
<br />right or any other right. A waiver by Lender of a provlalon of this Deed of TrllB'l shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to dernend atrict oompllance with that provision or any other provision of thlll Deed of Trust. No prior waiver by
<br />lender, nOr any cou",e of dealing between Lender and Trustor, shall constitute a waiver of any of Lender'e rights or of any of
<br />Trustor's Obligations as to any futu'8 transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such conaent by Lender In any lnetance shell not constitute continuing consent to subsequent instancas where IlUCh COn$8nt Is
<br />required and in all cases such consent mey be granted or withheld In the sole disoretion of Lender.
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<br />Severabllity. If e court of competent JurisdictiOn finds any pmvlalon of this Deed of Trust to be ~lega~ invalid, or unenforceable as to
<br />eny circumstance, that finding shall not ",ake the offending prevision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible. the offending pmvlaion shall be considered modified so that It becomes legal, valid and enforceabfa. If the offending
<br />provlalon cannot be 80 modlfled, It shell be conaldered deleted fmm this Deed of TrllB'l. Unlesa otherwise required by lew, the
<br />lIIegellty, invalidity, Or unenforceablllty of any provlaion of this Deed of Trust shall not effect the legality, validity or enforceeblllty of
<br />any other prevlalon of this Deed of Trust.
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<br />8ucc......... ..... Aa8lgns. Subject to eny IImitatlons 8tatad in this Deed of Trust On transfer of Trustor's Interest, 1IIIs Deed of TrllB'l
<br />shall be binding upon snd inure to the benefit of the partiee, their succ""",,", and easlgns. If ownership of the Property becornee
<br />vested In s person other than Trustor, lender, without notice to Trustor, may duel with Trustor'e succesaors with reference to thlu
<br />Deed of Trust end the Indebtadneea by wey of forbearllnce or ext8neion without releasing Trustor from the obligations of this Deed of
<br />Trust or lIeblllty under the IndebtedMea.
<br />
<br />nme is of the Eaance. Time Is of the _nee in the performanca of this Deed of Trust.
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<br />Waiver of Homeatead ExernpIIon. Trustor hereby r.......... and waives all rights and baneflta of the homestead exemption laws of the
<br />St.te of Nebraske es to elllndebtadneaa seaured by thia Oead of TrllB'l.
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