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-, DEED OF TRUST ( Continued) 200806242 . . Loan No: 0872056735 Page 5 decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lendor's remedies. Request for Notice. Trustor, on behalf of Trustor and Lendor, hereby reQuests that a copy of any Notice of Default and a copy of any 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. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of The IndebtednesH payable on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, howevm subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lemler flS set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: 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 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 Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the 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 Trust. Trustee. Trustee shall meet all qualifications reQuired for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect 10 all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided hy applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of TrUST by an inHtrument executed and acknowledged by LAnder and recorded in the office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and pagA (or computer system reference) where this Deed of Trust is recorded, and the name and address of the successor trustp.e, and the instrument shall be executed and acknowledgf!(l by nil the beneficiarieH under this DAed of Trust or their SUccp.ssors in interest. The successor trustee. without conveyance of the Propmty, shall succeed to all the tille, power, and duties conferred 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 other provisions for substitution. NOTICES. Any notice required to be given under this Deml of Trust, including without limitation any notice of default and 'lny notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's :lddress, :lS shown near the beginning of this Deed of Trust. Any person may ch:lnge his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that. the-purpose of the notice isto-chan\}e the -person'-sadElress. -For notico purposes, Trustor agrees to keep Lender informed at all times of Trustor's 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 deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of tho notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related DOGurnents is Trustor's entire agreement with Lender concorning the matters covemd by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be L1sed to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estatp. created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of LendP.r in :lny capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and. to the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's reQuest to submit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and sflvflral, :lnd all references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mfllln that Lender has given up that right. If Lp.ndor does agree in writing to~ive up one of Lender's rights, that does not mflan Trustor will not hove to comply with the other provisions of this Deed of Trust. Trustor also understands that if LendP.r does consent to a request, that does not mean that Trustor will not havfl to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's rflQuests, that does not mflan Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact hy itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if e provision of This Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance Ol'flxtension without releasing Trustor from the obligations of this Deed or Trust or liability under the lndebtfldness. Time is of the Essence. Time is of thfl flssence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and bflnefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secumd by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Bflneficiary" means Equitable Bank, and its successors and assigns. .~ "" 11\ ~ -'1 l"'" I; \ , 11 t;. J ,,) '1.