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<br /> DEED OF TRUST 2 0 0 9 0 8 0 3 3
<br /> Loan No: 101224948 (Continued) Page 6
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<br /> to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<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.
<br /> Election of Remedies. All of Lender's rights and remedies 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 declare Trustor in default and to exercise Lender's remedies.
<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.
<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 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 for 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 collection services, the cost of searching
<br /> records, obtaining title reports (including foreclosure reports), surveyors' 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 costs, in addition to all other sums provided by
<br /> law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<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:
<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.
<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.
<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 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 substitution of Trustee
<br /> shall govern to the exclusion of all other provisions for substitution.
<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 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, directed 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 address, 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 agrees 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.
<br /> ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit ownership law or similar
<br /> law for the establishment of condominiums or cooperative ownership of the Real Property:
<br /> Power of Attorney. Trustor grants an irrevocable power of attorney to Lender to vote in Lender's discretion on any matter that may
<br /> come before the association of unit owners. Lender will have the right to exercise this power of attorney only after Trustor's default;
<br /> however, Lender may decline to exercise this power as Lender sees fit.
<br /> Insurance. The insurance as required above may be carried by the association of unit owners on Trustor's behalf, and the proceeds of
<br /> such insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so
<br /> used by the association, such proceeds shall be paid to Lender.
<br /> Default. Trustor's failure to perform any of the obligations imposed on Trustor by the declaration submitting the Real Property to unit
<br /> ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shall be an event of default
<br /> under this Deed of Trust. If Trustor's interest in the Real Property is a leasehold interest and such property has been submitted to unit
<br /> ownership, any failure by Trustor to perform any of the obligations imposed on Trustor by the lease of the Real Property from its
<br /> owner, any default under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure of
<br /> Trustor as a member of an association of unit owners to take any reasonable action within Trustor's power to prevent a default under
<br /> such lease by the association of unit owners or by any member of the association shall be an Event of Default under this Deed of
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