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201004339
<br />DEED OF TRUST
<br />Loan No: 810019 (Continued) Page S
<br />Ramadles Not Exclusive. Trustee and Lender, and each of them. shed be entitled to enforce payment and perftxmance of any
<br />Indebtedness or obligations secured by this Deed 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 />some or all of such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, dead of trust, pledge. Ban, 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 Dead of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lon dens right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, It
<br />being agreed that Trustee and Larder, and each of them. shad be entitled to enforce this Dead of Trust and any other security now or
<br />hereafter held by Lender or 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 ro Trustee or Lender, is Intended to be exclusive of any other remedy in the Deed of Trust or by
<br />low provided or permitted, but each shag be cumulative and shad be in addition to every other remedy given M this Dead of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Larder or to which either of them may be otherwise entlBed, may be exercised. concurrently or Independently, from time
<br />to time and as often as may be deernad expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Dead of Trust shad be coosbued as prohibiting Lender from seeking a deficiency judgment against the Truster to the
<br />extent such action is permitted by law. Election by Larder to pursue any remedy shag not exclude pursuit of any other remedy, and
<br />an election to make egierditures or to take action to perform an obligation of Truster under this Dead of Trust, after Trustors failure
<br />to perform, shed not affect Lender's right to declare a default and exercise Its remedies.
<br />Request for Notice. Truster, on behalf of Truster 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 mated to them at the addresses set forth In the first paragraph of this Dead 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 shag 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 incuts that in Landers opinion are
<br />necessary at arty time for the protection of Its Interest or the enforcement of its rights shad became a part of the Indebtedness payable
<br />on demand and shag bear Interest at the Ncle rate from the date of the experdiure until repaid. Expenses Covered by this paragraph
<br />Include, without Bmitaton, however subject to any limits under applicable law. Lenders atlorreys' fees and Lenders 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 arty 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. Truster also will pay any court carats, in addition to ad other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shag 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 obBgatlons of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee, In addition to alt powers of Trustee arising as a matter of law, Trustee shed have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Truster. (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other nights to the public: (b) join in gnan&V any easement or creating any
<br />restriction an to Real Property, and (c) join in arty subordination or other agreement affecting this Deed of Trust or the interest of
<br />Larder under this Deed of Trust.
<br />Trustee. Trustee shag 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 shag he" the right to foreclose by notice and sale. and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either rase In accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lenders 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 shag contain, in addition to ad other matters requited by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where the Dead of Trust Is recorded, and the name
<br />and address of the successor trustee, and the instrument shag be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their sucvessors in Intent The successor trustee, without conveyance of the Property, shag 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 />shag 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 Bergeron any notice of default and any notice of
<br />sale shag be given in writing, and shag be effective when actually delivered. when actually received by teefacaNNta (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in tre United States man, as
<br />first bass, coddled or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copes of notices of foreclosure from the holder of any lien which has prlaty over this Deed of Trust shag be sent to Lenders address, as
<br />shown now the beginning of this Dead of Trust. Any party may charge its address for notices under this Dead of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Truster
<br />agreas to keep Lender infammd at all times of Trusto's current address. Unless otherwise provided or required by law, If there is more
<br />than we Truster. any notica given by Lander to any Trustor Is deemed to be notice given to ail Trusters.
<br />MISCELLANEOUS PROVISION& The following miscellaneous provisions are a part of the Deed of Trust
<br />Amendments, This Dead 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 alteration of or amendment to this Dead of Trust shad be effective unless
<br />given in writing and signed by the party or parties sought to be changed or bound by the afteration or amendment.
<br />Annual Reports, If the Property is used for purposes other than Trusters residence, Trustor shag furnish to Lender, upon request, a
<br />canted statement of net operating Income received from the Property during Tnustors previous fiscal year in such form and dated as
<br />Lender shad require. 'Net opera" income' shad mean all cash receipts from the Properly kiss all Cash expenditures made in
<br />connection with the operation of d* Property.
<br />Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of the Deed of Trust.
<br />Merger. There shad be no merger of the interest or estate created by this Dead of Trust with any otter Interest or estate in the
<br />Properly at any time hold 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 appI II to Lander add, to the extent not preempted by federal
<br />law, the taws of the State of Nebraska without regard to he conflicts of law provislom, This Deed of Treat has been accepted by
<br />Lander In the State of Nebraska.
<br />Choice of Venue. H there is a lawsuit Trustor agrees upon Lenders request to submit to the jurisdiction of the courts of Hail County,
<br />Slab of Nebraska.
<br />Joint and Several Liability. AN obligations of Truster under this Deed of Trust shad be joint and several. and all references to Truster
<br />shad mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations In this Deed of Trust.
<br />No Watley by Lender. Lender shed not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given In
<br />writing and signed by Lander. No delay or omission on the part of Larder in exercising any right shag operate as a waiver of such
<br />right or any other right. A waiver by Lander of a provision of the Deed of trust shad not prejudice or constitute a waiver of Lenders
<br />right otherwise to demand strict compliance with that provision or any other provision of t* Dead of Trust. No prior waiver by
<br />Lender, nor any course of des" between Lender and Trustor. shad constitute a waiver of any of Lenders rights or of any of
<br />Trusters obligations as to any Mute transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shag not constitute continuing consent to subsequent Instances where such consent is
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