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<br /> DEED OF TRUST 201006537
<br /> Loan No: 101Q343:i8j (Continued) Page 7
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<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 /> shall 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
<br /> COUNTY County, State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of
<br /> the original Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and
<br /> the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by all the beneficiaries under
<br /> this Deed of Trust or their successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of
<br /> Trustee 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 party may change its address for notices under this Deed 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, Trustor
<br /> agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br /> than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments.. This Deed 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 Deed of Trust shall be effective unless
<br /> given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Annual Reports. If the Property Is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br /> certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br /> Lender shall require. "Net' operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br /> connection with the operation of the 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 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 Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br /> means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where, any one or more of the parties is
<br /> a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of
<br /> the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations, made
<br /> or. created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br /> No Waiver by Lender. Lender shall not be deem)ed to.ft. ve waived any rights under this Deed of Trust unless such waiver is given in
<br /> writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br /> right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br /> right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust: No prior waiver by
<br /> Lender, nor any course of dealing between. Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br /> Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is
<br /> required and In all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of'competent jurisdiction finds any provision' of this Deed of Trust to'be illegal, invalid, or unenforceable as to
<br /> any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br /> feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending
<br /> provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required, by law, the
<br /> illegality, invalidity, or unenforceability of any provision of this Peed of Trust shall not affect the legality, validity or enforceability of
<br /> any other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
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