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DEED OF TRUST 2 010 0 0 8 2 9
<br />(Continued) Page 5
<br />(cl Trustee may in the manner provided bV law postpone sale of all or arty portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lander, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and pOwera 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 elf of such indebtedness and obligations secured by th(s Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, dead Of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this bead of Trust nor its enforcement,
<br />whether 6y court action or pursuant to the power pf sale or other powers contained in this Daed 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 Lander, and sash of them, shall be erxitled to enforce this Deed of Trust and any other security now nr
<br />hereafter held by Lender nr Trustee in such order 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 6e exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permirted, but each shall be cumulative and shall be in addition to every other remedy given in this Dsed of Trust or
<br />now or hereafter existing at law or in equity or 6y statute. Every power or remedy given 6y the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may ba exercised, concurrently or independently, from time
<br />to time and as often as may be deemed expedient by Trustee qr Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Dssd of Trust shall be construed as prohibiting Lander from seeking a deficiency judgment against the Trustor to the
<br />extent sunk action is permitted 6y law. Election by Lander to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures ar to take action to perform an obligation of Trustor under this Deed of Trust, after Truster's failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its 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 />Notine of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Dead of Trust.
<br />Attorneys' Fees; Expenses. If Londar institutes any suit or action to enforce any of the terms of this D®ed of Trust, Lender shall be
<br />entitled to recover such sum as the eourt may adjudge reasonable as atromeys' fees at trial and upon any appeal. Whether ar not any
<br />court action is involved, and to the extant not prohibited 6y law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary et any time For the protection of its interest ar 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, hpwever subject t0 any Limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether pr not there is a lawsuit, including attorneys' fees and expanses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated past-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees far the
<br />Trustee, to the extant 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 DP TRUSTEE. Ths following provisions relating to the powers and obligations of Trustee era part of this
<br />Dead of Trust:
<br />powers of Trustsa. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power tv take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (al 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; Ib) join In granting any easement or creating any
<br />restriction on the Real Property; and (cl join in any subordination or other agreement affecting this Dead of Trust or the (ntarest of
<br />Lender under this Dead of Trust.
<br />Trustee. Trustee shall meet all qualifications required tvr Trustee under applicable law, In addition to the rights and remedies sat
<br />forth above, with respect to all ar any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either vase In accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's pptipn, may from tim6 to time appoint a successor Trustee to any Trustsa appointed under
<br />this Daed of Trust by an instrument executed and acknowledged 6y Lander and recorded in the office of the recorder of WALL County,
<br />State of Nebraska. Tha instrument shall contain, in addition to all other matters required 6y state law, the names of the original
<br />Londar, Trustee, and TrusTOf, the book and page Ior computer system referenvel where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the Instrument shall 6e executed and acknowledged bV 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 conferrod 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 ba given under this Dsed of Trust, Including without Iimitatien any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actuapy received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the UnR¢d States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses Shawn near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder o4 any lien which has priority over this Dead of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Dead of Trust. Any party may change its address for notices under this Desd of Trust by giving 4ormal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at s11 times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Londar to any Trustor is deemed to be notice given to all Trustors.
<br />M15CELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Daed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No 5[teretian of nr amendment to this Daed of Trust shall bs effective unless
<br />given In writing and signed by the party or parcies sought to be charged nr bound 6y the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Truster's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail ea
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in thix Dsed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the previsions of this Deed of Trust.
<br />Merger. There shall be n0 merger of the interest ar estate created by this Dead of Trust with any other interest or estate in the
<br />Property at any time held bV or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Govorniny Law. This Daed of Trust will be governed by federal law applicable M Londar and, to the extant not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Dead of Trust has bean accepted by
<br />Lender in tfia State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, TrusTor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not ba deemed to have waived any rights under this Daed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Landar's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Daed of Trust. No prior waiver by
<br />Lander, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Truster's obligations as tv any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not conatituta continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
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