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DEED OF TRUST ~ Q _~ Q Q 6 ~ $ 1
<br />Loan Na: 8243610310-42 (Continued) Page 7
<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 (pr 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 pf 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 cpurier, 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 prpvided 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 />CONSENT TO SELL LOAN. Thn parties hereto agree: Ia1 Lender may sell or transfer all or part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; Ib1 Lender may provide to any purchaser, or potential purchaser, any information pr knowledge
<br />Lender may have about the parties ar about any other matter relating to this loan obligation, and the parties waive any rights to privacy it
<br />may have with respect to such matters; Ic) the purchaser of a loan will be cpnsidered its absolute owner and will have all the rights
<br />granted under the loan documents or agreements governing the sale of the loan; and Id- the purchaser of a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate eppies, oath of which shall be effective as an
<br />original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness" herein includes, without limitation, all liability of l3orrower or other party
<br />having its obligations to Lender secured by this Deed of Trust, whether liquidated or unliquidated, defined, contingent, conditional or of any
<br />other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange pr hedge
<br />transaction or arrangement for other similar transaction or arrangement hpwsoever described or defined) at any time entered into with
<br />Lander in connection with the Note.
<br />ENCUMBRANCES. Grantor/Mortgagor/Trustor shall not, without Lender's consent, mortgage, assign, grant a lien upon or security interest
<br />in, ar otherwise encumber the Property or any interest in the Property, or allow such a lien or security interest to exist or arise, whether
<br />voluntarily, involuntarily or by pperation of law, except for liens and security interests in favor of Lender, nr property taxes attributable to
<br />the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. Grantor/Trustor agrees that Lender may obtain appraisals and reappraisals and perform property
<br />evaluations and appraisal reviews of the Real Property when required by the regulations of the Federal Reserve Board or the Office of the
<br />Comptrgller of the Currency, or any other regulatory agency, or at such other times as Lender may reasonably require. Appraisals shall be
<br />performed by an independent third party appraiser selected by Lender; property evaluations and appraisal reviews may be performed by
<br />third party appraisers or appraisers and staff of Lender. The fees, expenses and other cost of such appraisals, reappraisals, property
<br />evaluations and appraisal reviews shall be paid by Grantor/Trustor. In addition, Grantor/Trustor shall be responsible for payment of all fees
<br />and expenses of Lender and third parties relating to inspecting the Real Property, environmental review, title policies and endorsements (ar
<br />title searches, abstracts of title or legal opinions of title where applicablel, and monitoring the payment of property taxes, and any
<br />governmental taxes, fees and recording costs relating to this deed.
<br />LEASES AND RENTS. Grantor/Trustor/Mortgagor presently assigns to Lender all of Grantor/Trustor/Mortgagor's right, title and interest in
<br />and to all present and future leases of the Property and all rents from the Property. This Assignment of Rents is given to secure (A)
<br />Payment of the Indebtedness and 181 Performance of any and all obligations under the Note and Mortgage/Deed of Trust.
<br />Grantor/Trustor/Mortgagor's present assignment to Lender hereunder is of all present and future leases includes all leases, licenses, rental
<br />agreements and other agreements of any kind relating to the use or occupancy of any of the Property, together with all guarantees of and
<br />security for any tenant's performance, and all extensions, renewals and modifications thereto las used in this paragraph, each, a "Lease"
<br />and collectively, the "Leases"1, together with any and all Rents from the Property. This assignment shall not impose upon Lender any duty
<br />to produce Rents, nor cause Lender to be a "mortgagee in possession," or responsible for performing any of the obligations of the lessor
<br />under any Lease. Lender confers upon Grantor/Trustor/Mortgagor a license to collect and retain the Rents as they come due, until the
<br />occurrence of any Event of Default, at which #ime the license shall be automatically revoked, and Lender, or its designated agent may, at
<br />its option and without notice, make, cancel, enforce or modify any Lease or Rents, collect Rents and do any acts which Lender deems
<br />proper to protect the security harepf pr exercise any other right or remedy hereunder. Grantvr/Trustar/Mortgagor represents and warrants
<br />that there exists no material default under present Leases and that those Leases are in full farce and effect. Lender, at its option and
<br />without notice, may notify any tenant of this assignment of the Leases and Rents. Grantor/Trustar/Mortgagor agrees, at its expense, (il to
<br />comply with and enforce all the terms and conditions under each Lease, and defend in any action in connection with any Lease; lii- not to
<br />modify any Lease in any material respect, nor accept surrender under or terminate the term of any Lease, nor waive or release any tenant
<br />under any Lease; (iii) not to anticipate the Rents under any Lease; and liv- to give prompt notice to Lender of any default by any tenant
<br />under any Lease, and of any notice of default on the part of Grantor/Trustar/Mortgagor under any Lease received from a tenant. Should
<br />Grantor/Trustor/Mortgagor fail to do any act required to be done by Grantor/Trustor/Mortgagor hereunder, then Lender, at its option and
<br />without notice, may make or do the same in such manner and to such extent as Lender deems necessary to protect the security hereof.
<br />Grantor/Trustor/Mortgagor agrees to pay to Lender immediately upon demand all sums expended under the authprity hereof, including
<br />reasonable attorneys' fees, together with interest thereon at the highest rata per annum payable under any Indebtedness, and the same, at
<br />Lender's option, may be added to the Indebtedness and secured hereby.
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