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DEED OF TRUST 2 010 017 7 8
<br />Loan No: 808'157 (Continued) Page 5
<br />indebtedness or obligations secured by this peed of Trust and to exercise all rights and powers 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 />same or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise, Neither the acceptance of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed 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 Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender ar 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 be exclusive pf any other remedy in this Daed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power ar remedy given by the Note or any of the fielated Documents
<br />to Trustee ar Lender yr to which either of them may 6e otherwise entitled, may be exercised, concurrently pr independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lander, 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 Truster 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 tv spend money ar to perform any of Trustvr's obligations under this Deed of Trust, after Truster'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 pf Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Dead of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expanses. If Lender institutes any suit or action to enforce any pf the terms of this Daed 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 ar the enforcement of its rights shall became 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 yr not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify ar
<br />vacate any automatic stay or injunctivnl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reparts-, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor slap will pay any court cysts, 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 />Daed 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 pr plat of
<br />the Real Property, including the dedication of streets ar other rights tv the public; (b- join in granting any easement yr creating any
<br />restriction on the Real Property; and (c) jnin 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 tp all ar 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 extant provided 6y 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 MALL County,
<br />State of Nebraska. The instrument shall contain, in additinn to all other matters required 6y state law, the names of the original
<br />Lendor, Trustee, and Truster, the book and page (or computer system reference) where this Daed 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 peed
<br />of Trust ar 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 Daed of Trust and by applicable law. This procedure Far substitution of Trustee
<br />shall govern to the exclusion of all other provisions far 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 />solo shall be given In writing, and shall be effective when actually delivered, when actually received 6y telefacsimile (unless otherwise
<br />required by law-, when deposited with a nationally recognized overnight courier, qr, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed tv the addressor 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 Door this Deod of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deod of Trust. Any person may change his ar her address far 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, Truster agrees to keep Lender informed at all times of Trustor's currant address. Unless otherwise provided or required
<br />by law, if there is mare than one Trustor, any notice given by Lender to any Truster is deemed tp be notice given to all Trusters. It will be
<br />Trustor's responsibility to tell the others of the notice from Lendor.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written In this Deed of Trust and in the Related pocuments is Truster's entire agreement with Lender
<br />concerning the matters covered by this heed of Trust. Ta be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must ba signed by whoever will be bound or obligated by the change ar amendment.
<br />Caption Headings. Caption headings in this Deed of Trust era for convenience purposes only and are not to be used to interpret ar
<br />define the provisions of this Desd of Trust.
<br />Merger. There shall be no merger of the interest yr 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 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 Dead of Trust has been accepted by
<br />Lender in the 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 Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this peed 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 peed of Trust.
<br />No Waiver by Lender. Trustor understands Lendor will not give up any of Lender's rights under this peed of Trust unless Lender does
<br />so in writing. Tha fact that Lander delays or omits tv exercise any right will not mean that Lendor has given up that right. If Lender
<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 peed of Trust. Trustor also understands that if Lander 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 Lendor consents to
<br />one ar mare pf Trustor's requests, that does not mean Lender will be required to consent to any of Truster's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice pf dishonor.
<br />Severability. If a ccurt finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest pf this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />peed of Trust even if a provision of this peed of Trust may 6e found to be invalid or unanfarceable,
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