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<br />DEED OF TRUST
<br />(Continued)
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<br />200902061
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<br />Page 5
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<br />Nate, under any af the Related Dacuments, ar under any ather agreement or any laws naw ar hereafter in farce; natwithstanding,
<br />same ar all af such indebtedness and abligatians secured by this Deed af Trust may now ar hereafter be atherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment ar atherwise. Neither the acceptance af this Deed of Trust nar its enfarcement,
<br />whether by caurt actian ar pursuant to. the pawer af sale ar ather pawers cantained in this Deed af Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to. realize upan ar enfarce any other security naw ar hereafter held by Trustee ar Lender, it
<br />being agreed that Trustee and Lender, and each af them, shall be entitled to. enfarce this Deed af Trust and any other security naw ar
<br />hereafter held by Lender ar Trustee in such arder and manner as they ar either af them may in their absalute discretion determine. No.
<br />remedy conferred upon or reserved to. Trustee ar Lender, is intended to. be exclusive af any ather remedy in this Deed af Trust ar by
<br />law pravided ar permitted, but each shall be cumulative and shall be in additian to. every ather remedy given in this Deed af Trust ar
<br />now ar hereafter existing at law ar in equity ar by statute. Every pawer ar remedy given by the Nate or any of the Related Dacuments
<br />to. Trustee ar Lender ar to. which either af them may be atherwise entitled, may be exercised, cancurrently ar independently, fram time
<br />to. time and as aften as may be deemed expedient by Trustee ar Lender, and either af them may pursue incansistent remedies.
<br />Nathing in this Deed af Trust shall be canstrued as prahibiting Lender fram 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 nat exclude pursuit af any ather remedy, and
<br />an electian to. make expenditures ar to. take actian to. perfarm an abligatian of Trustor under this Deed af Trust, after Trustar's failure
<br />to. perfarm, shall nat affect Lender's right to. declare a default and exercise its remedies.
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<br />Request for Notice. Trustar. on behalf of Trustor and Lender, hereby requests that a copy af any Natice af Default and a capy af any
<br />Natice af Sale under this Deed af Trust be mailed to. them at the addresses set farth in the first paragraph of this Deed af Trust.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit ar actian to. enfarce any af the terms af this Deed af Trust, Lender shall be
<br />entitled to. recaver such sum as the caurt may adjudge reasanable as attarneys' fees at trial and upan any appeal. Whether ar nat any
<br />caurt actian is invalved, and to. the extent nat prohibited by law, all reasanable expenses Lender incurs that in Lender's apinian are
<br />necessary at any time for the protectian af its interest ar the enfarcement af its rights shall became a part af the Indebtedness payable
<br />an demand and shall bear interest at the Note rate from the date af the expenditure until repaid. Expenses cavered by this paragraph
<br />include, withaut limitatian, however subject to. any limits under applicable law, Lender's attarneys' fees and Lender's legal expenses,
<br />whether ar nat there is a lawsuit, including attarneys' fees and expenses far bankruptcy praceedings (including effarts to. madify ar
<br />vacate any autamatic stay ar injunctian), appeals, and any anticipated past-judgment callectian services, the cast af searching
<br />recards, abtaining title reparts (including fareclasure reports), surveyars' reparts, and appraisal fees, title insurance, and fees far the
<br />Trustee, to. the extent permitted by applicable law. Trustar also. will pay any caurt casts, in additian to. all ather sums pravided by
<br />law.
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<br />Rights of Trustee. Trustee shall have all af the rights and duties af Lender as set farth in this sectian.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The fallawing pravisians relating to. the powers and abligatians af Trustee are part af this
<br />Deed af Trust:
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<br />Powers of Trustee. In additian to. all pawers af Trustee arising as a matter af law, Trustee shall have the pawer to. take the fallawing
<br />actians with respect to. the Praperty upan the written request af Lender and Trustar: (a) jain in preparing and filing a map ar plat af
<br />the Real Praperty, including the dedicatian af streets ar ather rights to. the public; (b) jain in granting any easement ar creating any
<br />restrictian an the Real Property; and (c) jain in any subardlllatian ar ather agreement affecting this Deed af Trust ar the interest af
<br />Lender under this Deed af Trust.
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<br />Trustee. Trustee shall meet all qualificatians required far Trustee under applicable law. In additian to. the rights and remedies set
<br />farth abave, with respect to. all ar any part af the Praperty, the Trustee shall have the right to. fareclase by natice and sale, and Lender
<br />shall have the right to. fareclase by judicial fareclasure, in either case in accardance with and to. the full extent pravided by applicable
<br />law.
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<br />Successor Trustee. Lender, a_t Lender's option, may fram time to. time appaint a successar Trustee to. any Trustee appainted under
<br />this Deed af Trust by an instrument executed and acknawledged by Lender and recarded in the office af the recarder of Hall Caunty,
<br />State af Nebraska. The instrument shall cantain, in additian to. all ather matters required by state law, the names af the ariginal
<br />Lender, Trustee, and Trustar, the baak and page (ar camputer system reference) where this Deed af Trust is recarded, and the name
<br />and address af the successar trustee, and the instrument shall be executed and acknawledged by all the beneficiaries under this Deed
<br />af Trust ar their successars in interest. The successar trustee, withaut canveyance af the Property, 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 far substitutian af Trustee
<br />shall gavern to. the exclusian af all ather pravisians far substitutian.
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<br />NOTICES. Any natice required to. be given under this Deed af Trust, including with aut limitatian any natice af default and any natice af
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless atherwise
<br />required by law), when depasited with a natianally recagnized avernight caurier, ar, if mailed, when deposited in the United States mail, as
<br />first class, certified ar registered mail pastage prepaid, directed to. the addresses shawn near the beginning af this Deed af Trust. All
<br />capies af natices af fareclasure fram the halder af any lien which has priarity aver this Deed af Trust shall be sent to. Lender's address, as
<br />shawn near the beginning af this Deed af Trust. Any party may change its address far natices under this Deed af Trust by giving formal
<br />written natice to. the ather parties, specifying that the purpase af the natice is to. change the party's address. Far natice purpases, Trustar
<br />agrees to. keep Lender informed at all times af Trustar's current address. Unless atherwise provided ar required by law, if there is mare
<br />than ane Trustar, any natice given by Lender to. any Trustar is deftmed to. be natice given to. all Trustars.
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<br />MISCELLANEOUS PROVISIONS. The fallawing miscellaneaus pravisians are a part af this Deed af Trust:
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<br />Amendments. This Deed af Trust, tagether with any Related Dacuments, canstitutes the entire understanding and agreement af the
<br />parties as to. the matters set farth in this Deed of Trust. No. alteriltian af ar amendment to. this Deed af Trust shall be effective unless
<br />given in writing and signed by the party ar parties saught to. be charged or baund by the alteratian ar amendment.
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<br />Annual Reparts. If the Property is used far purpases ather than Trustar's residence, Trustar shall furnish to. Lender, upan request, a
<br />certified statement af net aperating incame received fram the Praperty during Trustar's previaus fiscal year in such farm and detail as
<br />Lender shall require. "Net aperating income" shall mean all cash receipts fram the Praperty less all cash expenditures made in
<br />cannection with the aperatian af the Praperty.
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<br />Captian Headings. Captian headings in this Deed af Trust are far canvenience purpases anly and are nat to. be used to. interpret ar
<br />define the pravisians af this Deed af Tmst.
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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 intarest ar estate in the
<br />Praperty at any time held by ar far the benefit af Lender in any capacity, withaut the written can sent af Lender.
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<br />Governing Law. This Deed of Trust will be governed by fedoral law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws af the State af Nebraska without regard to its conflicts af law pravisions. This Deed af Trust has been accepted by
<br />Lender in the State of Nebraska.
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<br />Chaice af Venue. If there is a lawsuit, Trustar agrees upon Lender's request to. submit to. the jurisdictian af the caurts af Buffalo.
<br />Caunty, State af Nebraska.
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<br />Jaint and Several Liability. All abligatians af Trustar under this Deed af Trust shall be jaint and several, and all references to. Trustar
<br />shall mean each and every Trustar. This means that each Trustar signing belaw is respansible far all abligatians in this Deed af Trust.
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<br />No Waiver by Lender. Lender shall nat be deemed to. have waived any rights under this Deed af Trust unless such waiver is given in
<br />writing and signed by Lender. No. delay ar amissian an the part af Lender in exercising any right shall aperate as a waiver af such
<br />right ar any ather right. A waiver by Lender af a pravisian af this Deed af Trust shall nat prejudice ar canstitute a waiver af Lender's
<br />right otherwise to. demand strict campliance with tha, provisian ar any other pravisian af this Deed af Trust. No priar waiver by
<br />Lender, nar any caurse af dealing between Lender and Trustor, shall canstitute a waiver af any af Lender's rights ar af any af
<br />Trustar's abligatians as to. any future transactians. Whenever the consent af Lender is required under this Deed of Trust, the granting
<br />af such cansent by Lender in any instance shall nat canstitute cantinuing consent to subsequent instancas where such cansant is
<br />required and in all cases such cansent may be granted ar withheld in the sale discretian af Lender.
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<br />Severability. If a caurt af campetent jurisdictian finds 'lny provisian af this Deed of Trust to. be illegal, invalid, ar unenfarceabla as to
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