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<br />Loan No: 807868
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200901214
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<br />Page 5
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<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 remerly given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remerly given by the Note or any of the Related Documents
<br />to Trustee or lender or to which either of thmn may be otherwise entitlerl, may be exercised, concurrently or independently, from time
<br />to time and as oftp.n as may bp. deemed expedient by Trustee or lender, Find either of thp.m may pursue inconsistent remedip.~L
<br />Nothing in this Deed of Trust shall be construed as prohibiting lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law.
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<br />Election of Remedies. All of lender's rights and remerlies will be cumulative and may be exercised alone or together. If lender
<br />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
<br />decision by lender will not affect lender's right to rleclare Trustor in default and to exercise lender's remedies.
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<br />Request for Notice, Trustor, on behalf of Trustor anrl 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 arldresses sP.t forth in the first paragraph of this Deed of Trust.
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<br />Attorneys' 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 upon any appeal. Whether or not any
<br />court action is involverl, and to the extent not prohibited by lAW, all reasonAble expenses lenrler incurs that in Lender's opinion Are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shAll become a part of the Indebtedness payable
<br />on demand anrl 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 rmy limits under applicable law, Lender'S attorneys' fees and Lenrler's legal expenses,
<br />whether or not there is a lawsuit, including Attorneys' fees and expenses for bankruptcy proceedings (including efforts to morlify or
<br />vacate any automatic stay or injunction), appeals, and any anticipilted post-judgment collection services, thfJ cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraiSAl fees, title insumnce, and fees for the
<br />Trustee, to the extent permittp.d by applicablp. law. Trustor also will PFlY any court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers And obligations of Trustee are part of this
<br />Deed of Trust:
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<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
<br />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
<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 subordination or other agreement affecting this Deed of Trust or the interest of
<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 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
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law,
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee Appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<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 executerl and acknowlerlged by all the beneficiaries under this Deerl
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succep.d to all the title,
<br />power, and duties conferred upon the Trustee in this Deerl of Trust and by applicable law. This procedure for substitution of 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 dp.livered, when Actually received by telefacsimile (unlp.ss otherwise
<br />required by law), when deposited with A nAtionally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first clASS, certified or registered mail postage prepaid, directp.d to the addresses shown near The beginning of this Deed of Trust. All
<br />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 adrlress, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's Address. For
<br />notice purposes, Trustor agrP.es to keep Lender informed at all times of Trustor's current address, Unless otherwise provided or required
<br />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
<br />Trustor's responsibility to tell the others of the notice from Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions Are a part of this Deed of Trust:
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<br />Amendments. What is written in this Deed of Trust And in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must bp. in
<br />writing and must be signerl by whoever will be bound or obligated by the change or amendment.
<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
<br />define the provisions of this Deed of Trust.
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<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
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of L.ender.
<br />
<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 of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />lender in the State of Nebraska.
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<br />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,
<br />State of Nebraska.
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<br />Joint and Several Liability. All obli~lations of Trustor under this Dp.p.rl of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by Lender. Trustor understands Lender will not givp. up any of Lender's rights under this Dep.d of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not meAn that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, thAt does not mp.an Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent agAin if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
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<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itsp.lf will not
<br />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
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />
<br />Successors and Assigns, Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest. this Deed of Trust
<br />shall be binding upon rmd inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by WAY of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
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<br />Time is of the Essence. Time is of the essence in the perfonnance of this Deed of Trust.
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