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<br />
<br /> tâ–º ) e a Y~. DEED OF TRUST
<br /> (Continued) 201005998 Page 5
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<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 or remedy given by the Note or any of the Related Documents
<br /> to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br /> to time and as often as may be deemed expedient by Trustee or Lender, 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 Trustor 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 to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor'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 of Trustor 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 mailed to them at the addresses set forth in the first paragraph of this Deed 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 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 or 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, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's 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 any 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. 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 OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br /> Deed 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 or plat of
<br /> the Real Property, including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any
<br /> restriction on the Real Property; and (c) join 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 to all or 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 extent provided by 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 Hall County,
<br /> State of Nebraska. The instrument shall contain, in addition 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 by 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 conferred 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 be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br /> sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br /> required by law), when deposited with a nationally recognized overnight 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 of this Deed of Trust. All
<br /> copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br /> shown near the beginning of this Deed of Trust. Any person may change his or her address for 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, Trustor agrees to keep Lender Informed at all times of Trustor's current address. Unless otherwise provided or required
<br /> by law, if there is more than one Trustor, any notice given by lender to any Trustor is doomed to be notice given to all Trustors. It will be
<br /> Trustor's responsibility to tell the others of the notice from Lender.
<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 Documents Is Trustor's entire agreement with Lender
<br /> concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br /> writing and must be signed by whoever will be bound or obligated by the change or amendment.
<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 this Deed of Trust.
<br /> Merger. There shall be 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 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 Deed 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 Deed 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 Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br /> so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender 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 Deed of Trust. Trustor also understands that If Lender 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 Lender consents to
<br /> one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br /> waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court 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 of this Dead 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 invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br /> shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br /> vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br /> Trust or liability under the Indebtedness.
<br /> Time Is of the Essence. Time is of the essence In the performance of this Deed of Trust.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
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