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67/26/2010 15:41 308-773-2224 FARMEP.S STATE BANK PAGE 05/07
<br />201005837
<br />pE~p OF TRUST page 5
<br />(Continued)
<br />indebtedness or obligations secured by this peed of Trust and So exercise all rlgttta and powers under this Dead nt Trust, under the
<br />Note, under any of the Related Documents, or under any other egre0ment er any laws new or hereatter in force; netwlthatanding,
<br />soma or bll of such indebtedness and vbligativna secured by this Daad of Trust may is Ce pf this Daadenf T®ustlnositeuenforCen+ ntr
<br />by mortgage, deed o4 trust, pledge, lien, assignment pr otherwise. Neither the scoop
<br />whether by Court action er vureuant to the power of e91e or other powers contained in ihla Deod of Trust. shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon or enforoa any other security now pr hereafter held by Trustee or Lender, it
<br />being agreed that Truatas and Lander, and Bath of them, shall be entRled to anferce Shia Deed of Trust and any other security now or
<br />remedyeconfen d uponrorrreservad to Trustee err Lendernls intended td behexplusve o e Yle herirramedytindthls Deed of TrNat or by
<br />law provided or permitted, but each shell ba cumulative and shell be In addition to ovary other remedy glean In this Dead of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy gluon by the Note or any of the Related Documents
<br />tv Trustee yr Lender yr to which either of them may he otherwhe entitled, may be exercised, concurrently yr independently, from time
<br />to time and as open es may ba deemed expedient by Trustee or LendeL end either of them may pursue intpnaiatent remedies.
<br />Nothing in thin bead of Trust shall ba construed es prohlblting Lander trom seeking a defiaieney Judgment against She Trustor to the
<br />eMent ouch eCtinn i5 permitted by lew•
<br />Election o} Romadiaa. Atl of Lender's rights end remedies will be cumulative and may be exercised alone pr together. If Lender
<br />decides to spend money or to perform any of Trustor'a obligations under thip Daed of Trust, after Trustor'a failure to dd sn, that
<br />decision by Lender will not affect Lender's right tv declare Trustor In default and to exercise Lender's remodiea.
<br />Request fm Netlee. Trustor, on behalf of Trustor and Lender, hereby requests that a Cppy of any Notice o} Default and B Copy of any
<br />Notice of Sala under this Deed df Trust be mallad to them at the addressee sat forth in the first paragraph of this peed of Trust.
<br />Alternat'e' Faes; Expen68d. If Lender insthutes any suit or action to enforne any of the farms of this Daed of Trust, Lender shall ba
<br />anGtled tv recover such sum es the Court may adjudge rneeenable a9 attornevs' fees et trial and upon any appeel• Whether pr not any
<br />court action is involved, and to the extent not prahlbBed by law, all reasonable expenses Lvndar incurs that fn Lender's opinion ere
<br />necesaary et sny time for the protection of Its interest Dr the enforcement of Its rights shell become a pert of the Indebtedness payable
<br />nn demand and shall bear interest at the Note rate from the date of the expenditure until repaitl. Expenses covered by this paragraph
<br />include, without limkatlon, however subject to any limits under applicable law, Lender's attorneys' tees and Lender's legal expanses,
<br />whether or not there Is a lawsuit, Including attorneys' fees and expenSBS for bankruptcy proceedings (including efforts to modHy or
<br />vacate any auivmetit stet' or injunction), appeals, end any arrtiCipated poet-Judgment cn118Ction aervioas, the east of seerehing
<br />records, obtaining title reports lincluding foreclosure raportsl. surveyors' repnrtB, and appreleal faBa, title insurance, and fees for th0
<br />Truatas, to the extent permitted by applicable law, Trustor also will pay any court costs, in eddhlnn to ell other sums provided 6t'
<br />law.
<br />Rlghta of Truatas. Truatas shall have all of the rights end duties of Lender as set forth in this section.
<br />POWERS AND O8LIf3ATIONS bF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pert of this
<br />Deed of Trust:
<br />Pvwera of Trustee. In edditlon to ell 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 Truster: IaJ Join in preparing end filing a map qr etas of
<br />the Real Property, Including the dedlCaLlnn of streets nr other rights to the public; Ibl join In granting any easement or creating any
<br />rastrlctinh vn the Raal Property: and Icl join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lander under this Daed of Trust.
<br />Trustee. Trustee shall meet all qualifications required far Trustee under applicable law. In addition to the rights end remedies set
<br />faith above, with re9peet to all nr Bny part of the Property, the Trustee shall have the tight to iaeClvse by netlCe and sale, and Lander
<br />will have the rlgM tp fareclpee by judicial fareClosure, in either ease in eccvrdanea with and tv the full extent provided by applicable
<br />law.
<br />5ucce:avr Trustee. Lander, at Lendar'S option, may from time to time appoint a auCCBSSVr Trustee to any Trustee appeimed under
<br />this Deed of Trust by an instrument executed end acknowledged by Lvndar and recorded in rho office of the recorder of Well County,
<br />State of Nebreska, The instrument shall contain, In addltipn tv ell ether matters required by state law, the names of the original
<br />Lender, 7rustcC, end Trustor, the book end page Ivr computer System reference) where this Dsad of Truak is recorded, and the name
<br />and address Of the sutcaaanr truatae, and the instrument shell be executed and aCKnvwledged by ell the benefiCiarles under Shia Deed
<br />of Trust er their successors in interest, The successor trustee. without conveyance of the Property, shall auccead to ell the title,
<br />power, end duties conferred upon the Trustee in this Daad of Trust and by applicable law. This prpeedure for substitution of Truatas
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead of Trust, including without iimitetipn any notice of defeuh and any rldtiee of
<br />sale shall be given in wrting, and shall be effective when eetually delivarad, when aCSUally received by telefaCaimile (unless Otherwise
<br />required by level, when deposited with a nationally recognised overnight courier, or, ii mallad, when deposited Ih the United States mail, as
<br />tlrst eleas, certified ar registered mail postage prepaid, directed m the addresses ahpwn Haar the beginning of this Dead of Trust. All
<br />copies of notices of foreclosure from she holder of any Ilan which has printlty over this Dead of Trust shah be cant to Lender's eddresa, es
<br />Shown near the beginning of this Deed of Trust. Any person may change his or her address for noSlCas under this Deed of Trust bV giving
<br />formal written netCe to the other person cr parsons, specifying that the purpose Cf The notice is to Change the person's address, Far
<br />notice purpeaea, TrusSOr egress (v keep Lender Informed et all times of Truster's currant iddress. Unless otherwise provided or required
<br />by law, if there is mpfo than one Trustor, any netlCe given by Lender to any Trustor is deemed to ba notice given to all Trusters. It will be
<br />Truster's reaponelbility to (all the others of the notice from Lander.
<br />MI5CELLANHDUS PROVISIONS. The following miscellaneous provisions are a pan of this Daad of Trust:
<br />Amendmenea. What is written In this Dead of Trust and in the Related Documents is Truster's entire egrecmem with Lender
<br />concerning the matters covered by this Deed of Truss, Tn ba effective, any change or amendment to this Dead of Trust must be in
<br />writing and must be signed by whoever will be hound or obligated by the change nr amendment,
<br />Caption Mwdings. Caption headings in Luis Deed of Trust are for convenienFa purposes only end are not to be used to Interpret or
<br />define the provlslans of this Geed o} Trust.
<br />Matper. There shall be nC merger Of the Interpol or estate created by this peed of Trust with any Other Interest nr estate in iha
<br />property et any time hold by or for the benefit oP Lvndar in any Capachy, without the written consem Cf Lander.
<br />Governing Law. Thla Peed of Trust will be governed by federal law applicable to Lender and, to the extent net preempted by federal
<br />law, the laws et the State of Nebmaka without regard to ka eonfiieta of law prvvlalvns. This Oeed of Trust has bean accepted 6t'
<br />Lender in the State of Nebraska.
<br />Chviva o} Venue, If there is a lawsuit, Trustor egress upon Lender's request to submit tv the jurisdiction of the courts of Merrick
<br />county, State of Nebraska.
<br />Joint and Several LiehiFdy. All obligations of Borrower end Trustor under thin Deed of Trust shall be joint and several, end all
<br />re}CrenCes to Trustor shell mean oath end every Trustor, and all references to Borrower shall moan each and every Eerrowar, Thie
<br />means that each Truster signing below Is responsible far all obligations In this Deed o1 Trust.
<br />No Waiver by Lender, Truatar understands Lander will not give up sny of Lender's rights under this Daed df Trust unless Lander does
<br />ao in writing. The Taci Shat Lender dalay0 or emits to exercise any right will not mean that Lander has given up that right. It Lvndar
<br />tloes setae In writing to give up ono o} Lender's rights, that does not mean Truster wltl not have tv ovmply with the other provisions
<br />of this Daed of Trust. Trustor alxe undarstantls that If Lender does consent to a request, that does not mean that Trustor will not
<br />have Lo get Lender's vonsant again if the sltuatlpn happens again. Trustor further undarstantls that just 4ecause Lender Cpnaenta tv
<br />one nr mCre 6} Truetbr's regllB6ta, that does nnL mean Le ndar will bB required t0 CnnaenT Sp any Of Truetor'a future requoatS. TruaLdr
<br />waives prasaniment, demand for ppymem, pretest, end ndtlde d} dlsnonor.
<br />$avarablllty. H v court iintls tool' any prvvialpn pf Shia Daed vi Trust is net vvlid yr ahvuld not be enfnrved, that fact by itaolf will not
<br />moan that the rest nl this Daed of Trust will not be valid ar enforced, Therefore, a town will enierpe the real of the provlslons of this
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