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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200806671
<br />
<br />Page 5
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<br />entitled thereto..
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<br />(c) Trustee may in the manner provided by law pastpane sale af all ar any partion of the Property.
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<br />Remedies Nat Exclusive. Trustee and Lender, and each of them, shall be entitled to. enfarce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise 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 power of sale or other 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 enfarce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such arder and manner as they or either of them may in their absolute discretion determine. No
<br />remedy conferred 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 or by statute. Every pawer or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either af them may be otherwise entitled, may be exercised, concurrently ar independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either .of .them.. may pursue i[lCQllSisterltIemeJii.es._
<br />Nothing in this Deed of Trust shall be canstrued as prahibiting Lender from seeking a deficiency judgment against th'e'frustar to. the
<br />extent such action is permitted by law,
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<br />Electian af Remedies. All af Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to. spend maney or to perform any af Trustar's abligatians under this Deed af Trust, after Trustor's failure to do. sa, that
<br />decisian by Lender will nat affect Lender's right to declare Trustar in default and to. exercise Lender's remedies.
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<br />Request for Notice. Trustor, an behalf af Trustar and Lender, hereby requests that a copy af any Natice af Default and a copy of any
<br />Notice of Sale under this Deed af Trust be mailed to. them at the addresses set forth in the first paragraph af this Deed af Trust.
<br />
<br />Attarneys' Fees; Expenses. If Lender institutes any suit ar actian to. enfarce any of the terms of this Deed af Trust, Lender shall be
<br />entitled to. recaver 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 invalved, and to. the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the pratectian ef its interest er the enfercement ef its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate frem the date ef the expenditure until repaid. Expenses cevered by this paragraph
<br />include, witheut limitatien, hewever subject to. any limits under a~plicable law, Lender's atterneys' fees and Lender's legal expenses,
<br />whether or net there is a lawsuit, including attarneys' fees and expenses for bankruptcy preceedings (including efforts to modify or
<br />vacate any autematic stay or injunction), appeals, and any anticipated pest-judgment cellectien services, the cost of searching
<br />recerds, ebtaining title reperts (including foreclosure reports), surveyors' reperts, and appraisal fees, title insurance, and fees for the
<br />Trustee, to. the extent permitted by applicable law. Truster also. will pay any caurt cests, in addition to all other sums previded by
<br />law,
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<br />Rights af Trustee. Trustee shall have all of the rights and duties of Lender as set ferth in this sectien.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The fellewing provisions relating to the powers and ebligatiens ef Trustee are part of this
<br />Deed of Trust:
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<br />Pawers af Trustee. In addition to all pewers ef Trustee arising as a matter ef law, Trustee shall have the power to. take the fellewing
<br />actiens with respect to. the Praperty upan the written request ef Lender and Truster: (a) jain in preparing and filing a map er plat ef
<br />the Rea! Property, including the dedioatian af streets Of other rights to the public; (b) jein in granting any easement or creating any
<br />restrictien en the Real Preperty; and (c) join in any subordination ar other agreement affecting this Deed af Trust or the interest of
<br />Lender under this Deed of Trust.
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<br />Trustee. Trustee shall meet all qualificatians required fer Trustee under applicable law. In additian to the rights and remedies set
<br />farth abave, with respect to all or any part of the Praperty, the Trustee shall have the right to. fareclase by notice and sale, and Lender
<br />will have the right to. fareclase by judicial fareclasure, in either case in accordance with and to. the full extent pravided by applicable
<br />law.
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<br />Successar Trustee. Lender, at Lender's eptien, may fram time to. time appaint a successar Trustee to any Trustee appointed under
<br />this Deed af Trust by an instrument executed and acknowledged by Lender and recarded in the affice af the recarder of Hall County,
<br />State of Nebraska. The instrument shall cantain, in additian to. all ather matters required by state law, the names af the ariginal
<br />Lender, Trustee, and Trustor, the baak and paQe (er cemputer system reference) where this Deed af Trust is recorded, and the name
<br />and address ef the successar trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust ar their successors in interest. The sue cesser trustee, withaut canveyance af the Praperty, shall succeed to all the title,
<br />pawer, and duties canferred upan the Trustee in this Deed af Trust and by applicable law. This pracedure fer substitutien ef Trustee
<br />shall gevern to. the exclusian af all ather pravisians far substitutian.
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<br />NOTICES. Any natice required to. be given under this Deed ef Trust, including withaut limitation any notice of default and any notice ef
<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 natianally recognized overnight courier, or, if mailed, when depasited in the United States mail, as
<br />first class, certified er registered mail pestage prepaid, directed to. the addresses shawn near the beginning of this Deed of Trust, All
<br />copies of notices of foreclosure fram the helder af any lien which has prierity aver this Deed af Trust shall be sent to Lender's address, as
<br />shewn near the beginning af this Deed af Trust. Any person may change his or her address fer netices under this Deed af Trust by giving
<br />formal written netice to. the ether persan ar persans, specifying that the purpose of the notice is to change the persan's address. For
<br />net ice purpases, Trustar agrees to keep Lender informed at all times of Truster's current address. Unless atherwise provided or required
<br />by law, if there is mare than ane Trustor, any notice given by Lender to any Trustor is deemed to. be natice given to. all Trustors. It will be
<br />Trustar's respansibility to. tell the others of the notice fram Lender,
<br />
<br />MISCELLANEOUS PROVISIONS. The fallawing miscellaneous provisions are a part of this Deed af Trust:
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<br />Amendments. What is written in t)1is Deed af TrUllt and in the Rro-ated. Do_c.uments.j:; Trustar's entire agreement with Lender
<br />cancerning the matters covered by this-Deed af Trust. To. be effective, any change ar amendment to. this Deed af Trust must be in
<br />writing and must be signed by whaever will be baund ar abligated by the change ar amendment.
<br />
<br />Captian Headings. Captian headings in this Deed af Trust are far canvenience purpases only and are nat to. be used to. interpret er
<br />define the provisions of this Deed af Trust.
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<br />Merger. There shall be no. merger af the interest ar estate created by this Deed af Trust with any ather interest er estate in the
<br />Preperty at any time held by ar far the benefit oj' Lender in any capacity, withaut the written can sent af Lender.
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<br />Gaverning Law. This Deed of Trust will be gaverned by federal law applicable to. Lender and. to. the extent nat preempted by federal
<br />law. the laws of the State af Nebraska without regard to. its canflicts af law provisians. This Deed of Trust has been accepted by
<br />Lender in the State af Nebraska.
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<br />Chaice of Venue. If there is a lawsuit, Truster agrees upan Lender's request to. submit to. the jurisdiction af the ceurts ef BUFFALO
<br />Caunty, State af Nebraska.
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<br />Jaint and Several Liability. All abligatienlio ef Barrawer and Trustar under this Deed af Trust shall be jaint and several, and all
<br />references to. Truster shall mean each and every Trustar, and all references to. Barrawer shall mean each and every Borrawer. This
<br />means that each Trustar signing belaw is respansible far all abligatians in this Deed of Trust.
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<br />No. Waiver by Lender. Trustar understands Lender wil' nat give up any of Lender's rights under this Deed af Trust unless Lender does
<br />sa in writing. The fact that Lender delays ar emits to. exerci:'le any right will nat mean that Lender has given up that right. If Lender
<br />daes agree in writing to. give up ane af Lender's rights, that daes not mean Trustar will nat have to. cemply with the other pravisians
<br />af this Deed af Trust. Trustar also. understands that if Lender daes cansent to. a request, that daes nat mean that Trustar will net
<br />have to. get Lender's consent again if the situatian ha~peils again. Trustar further understands that just because Lender cansents to.
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