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<br />DEED QF TRUST
<br />Loan No: 872057809 (Continued) Page 5
<br />Election of Ramedlea. All of Lenders rights and remedies will be cumulative and may be exerdsed alone or together. If Lender
<br />decides to spend money or to perform any of TrustoYs obligations under this Deed of trust, after TrustoYs failuro to do so, that
<br />dedslon by Lender will net affect Lenders right to declare trustor in default and to axerclSe Lenders remedies.
<br />Request for Notice. trustor, on behalf of trustor and lender, hereby requests that a copy of any Notice of DefauN and a copy of any
<br />Notice of Sale under this Deed of Trust ba maNed to them at the addresses set forth in the first paregreph of this Deed of trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Dsad of Trust, Lender shall be
<br />entitled to recover such sum as the oourt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extant not prohibited by law, all reasanade expenses LeMer' Incurs that in Lenders opinion are
<br />neoassary at any lima for the protection of Its Interest or the enforcement of Its rights shall becorrre a part of the Indebtedness payable
<br />on demand and shall gear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses avvered by
<br />this paragreph include, without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lender's
<br />legal expanses, whether or not there is a lawsuit, including attorneys' fees and expanses for bankruptcy proceedirgs (including efforts
<br />to modify or vacate any automatic stay or injunction), appeals, and any anticipated poet Judgment odlaction services, the cost of
<br />searching records, obtaining title reports (including foreclosure roports), surveyors' reports, and appraisal fees, title Irisurenca, and
<br />fees for the Trustee, to the extent permitted by applicable law. trustor also will pay any court cysts, in addition to all other sums
<br />provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lander as set Torlh In this section.
<br />POWERS AND OBLIGATNaN3 OF TRIIBTEE. The following provisions relating to the powers and obligations of Trustee are pert of this
<br />Deed of Trust:
<br />Powara of Truatge. In addition to aN powers of trustee arising as a matter of law, Trustee shall have the power to lake the folowing
<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) Joln In granting any easement pr creating any
<br />restriction on the Real Property; and (c) join in any subordlnatlon or other agreement affecting This Deed of Trust or the interest of
<br />Lender under ibis Deed of Trust.
<br />Trustee. Trustee ahaN meat aN qualifications required for Trustee under applicable law. In edditicn to the rights and remedies set
<br />forth above, with reapeG to all or any part of the Property, the Trustee shah have the right to foreclose by notice and sale, and Lender
<br />will have the fight to foreclose by judicial foreclosure, in either case in accordance with end to the full extent provided by applicable
<br />law.
<br />Sueeessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />[his Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of MALL County,
<br />State of Nebreaka. The instrument shall contain, in add'Rion 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 6y aN 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 Dead of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govam to the exGusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under [hie Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shah 6a affective when actually delivered, when actually received by telefecsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized ovemlght 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 o1 this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any Iles which has priority over this Deed of Trust shall be sent to Lenders address, as
<br />shown near the beginning of this Deed of Trust. Any person may Gunge hIS or her address for notices under this Deed of Trust by gluing
<br />formal written notice to the other pereon or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, trustor agrees to keep Lander informed at all tlmes of Trustors current address. Unless otherwise provided yr 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 aN Trustors. It will ba
<br />Trusters responsibility to tell the others of [he notice from Lender.
<br />MISCELLANEpUB PROVI810NS. The following mlacellaneous provisions era a part of this Deed of Trust:
<br />Amendments. What Is written in this Deed of Trust and In the Related Documents is Trustors entire agreement Wlth Lender
<br />concerning the matters covered by this Deed of Trust To ba effective, any change or amendment to this Deed of Trust must ba in
<br />wrlting and must be signed by whoever will 6e bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to ba used to interpret or
<br />define the provisions of this Dead of Trust.
<br />Merger. There shall ba 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 Lender.
<br />Governing Law. This Dead of Trust will be governed 6y faderol law applicable to Lander and, to the extent not preempted 6y federal
<br />law, the taws of the State of Nebraska without rogard to Its conflicts of law proWsiona. This Deed of Tmat has been accepted by
<br />Landarin the State of Nebraska.
<br />Choice of Yenue. If there Is a lawsuit, 7rustor agrees upon Lenders request tc submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of trustor under this Deed of Trust shall be joint and severel, and all references to trustor
<br />shall mean each and every trustor. This means that each trustor signirg below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. trustor understands lender will not give up any of Lender's rights under this Dead of Trust uMass Lender does
<br />so In wrlting. The fact that Lender delays or emits to exercise any right will not mean that Lander has given up that right. If finder
<br />does agree in writing to give up one of Lender's rights, that does not mean trustor will not have to comply with the other provisions
<br />of this Deed of Trust. trustor also understands that if Lender does wnsant to a request, that does not mean that trustor will net
<br />have to get Lender's consent again if the situation happens again. trustor further understands that just because Lander consents to
<br />one or more of Trustors requests, that does not mean Larxlar will be required to consent to any of Trustors future requests. trustor
<br />waives presentment, demand for payrrrent, protest, and notice of dishonor.
<br />Severebllity. If a court finds that any provision of this Deed of Trust is not valkf or should not be enforced, that fact by itself will not
<br />rr>~n that the rest of this DBad 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 irwalid or unenforceable.
<br />8uccessore and Asaigne. Subject to any limitations staled in this Deed of Trust on transfer of Truslor's Interest, this Dead of Trust
<br />shell tie binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a parson other than trustor, Lander, without notice to trustor, may deal with Trustors successors with reference to this
<br />Deed of Trust and the Indebtedness 6y way of forbearance or extension without releasing trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Tlma Is of the Essence. Time is of the essence In the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any Jury Mal in arty action, proceeding, ar courrtarelaim brought
<br />by arty party agairrat any other party.
<br />Yyalwr of HornsaMad Facemption. trustor hereby releases and waives aN rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shell have the following meanings when used in this Daed of Trust:
<br />Baneflcisry. The word "8eneflciary" means Equitable Bank, and its successors and assigns.
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