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<br />200805809
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<br />DEED OF TRUST
<br />(Continued)
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<br />Page 5
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<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion af the Property,
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<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and perfarmance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed af Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; natwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be atherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the pawer of sale or ather 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 />remedy canferred 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, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity ar by statute. Every power or remedy given by the Nate ar 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 either af them may pursue inconsistent remedies.
<br />Nathing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustar to the
<br />extent such actian is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any ather remedy, and
<br />an election- to. make expenditures or to take actian to. perform an obligation of Trustor under this Deed of Trust. after Trustar'sfallure
<br />to perform, shall not affect Lender's right to declare a default 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 Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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<br />Atto.rneys' 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 reasonable as attorneys' fees at trial and upan any appeal. 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 are
<br />necessary at any time far the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear 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, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment callection services, the cast of searching
<br />records, obtaining title reports (including foreclosure reports), surveyars' 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 casts, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all af the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The follawing provisions relating to the powers and obligations af Trustee are part of this
<br />Deed of Trust:
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<br />Po.wers o.f Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take 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 ar 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 subordinatian or other agreement affecting this Deed of Trust or the interest af
<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 abave, with respect to. all or any part of the Property, the Trustee shall havethe rigl1tto foreclose qy., notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordahce with and to the full extent provided by applicable
<br />law.
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<br />Successor Trustee. Lender, at Lender's optian, may from time to time appoint a successor Trustee to. any Trustee appainted under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office af the recorder af HALL Caunty,
<br />State of Nebraska. The instrument shall 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 computer 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 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, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitutian af Trustee
<br />shall 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 limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when depasited with a nationally recognized avernight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust, All
<br />copies of notices af foreclosure from the holder of any lien which has priarity over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving farmal
<br />written notice to. the other parties, specifying that the purpose of the notice is to change the party's address, For notice purpases, Trustar
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise pravided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed af Trust:
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<br />Amendments. This Deed af Trust, together with any Related Documents, canstitutes the entire understanding and agreement of the
<br />parties as to the matters set farth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
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<br />Annuel Reports. If the Property is used far purposes other than 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 detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Prop!lrw:
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<br />Caption Headings. Caption headings in this Deed of Trust are for co-nvenience -purposes only and are nat to be-usedto. interpr.eLQJ
<br />define the provisians af this Deed of Trust.
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<br />Merger. There shall be no. merger of the interest or estate created by this Deed af Trust with any other interest or estate in the
<br />Property at any time held by or far the benefit of Lender in any capacity, without the written consent of Lender.
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<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 o.f the State of Nebraska witho.ut regard to Its co.nfllcts o.f law provisio.ns. This Deed of Trust has been accepted by
<br />Lender in the State of Nebreska.
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<br />Choice o.f Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictian of the caurts of Buffalo
<br />County, State of Nebraska.
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<br />No. Waiver by Lender. Lender shall not be deemed to have waived any rights under, this Deed .of Trust unless such waiver is gillen in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as s waiver of such
<br />right or any ather right. A waiver by Lender of a pravision of this Deed of Trust shall nat prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict campliance with that provision or any other provision of this Deed of Trust. No. prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver af any of Lender's rights or of any of
<br />Trustar's abligations 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 canstitute cantinuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
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