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Loan No: 808315 D (~Co O illuedlsT 2 U 10 X 7 2 8 2 Page 5
<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, nr under any other agreement yr 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 he otherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, 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 I]eed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right tv reali,e upon or enforrn any other security now yr hereafter held by 1 rusree or Lender, it
<br />being agreed that Trustee and Lender, and ear.h of them, shall be entitled tr] enforce this Deed of Trust and any other security now er
<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 to Trustee or Lender, is intende(i tv be exclusive of any other remedy in this Deed of Trust yr by
<br />law provided or permitted, but each shall ba cumulative and shall be in additirn 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 I]vcurnents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, Wray be exercised, concurrently or inrlopenrlently, 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 he construed as prvhibitirty bender iron) seeking a deficiency judyrnent against the 'I`rustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will he cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of 'frustor's obligations under this Deed of Trust, after Trustee's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare TYustvr in default ,end to exerciso Lender's remedies.
<br />Request fpr 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 Ueed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action tv enforce any of the terms of this Deed of Trust, Lander shall he
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees et trial and upon any appeal. Whether or not any
<br />court artinn is involved, and to the exl.ent 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 enfercernertt of its rights shall become a part of the Indebtedness payable
<br />en demand and shall bear interest at the Note rate from the date of the expenditure until repairJ. Expenses covered by this paragraph
<br />include, without limitation, however sul]ject. '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 prar•,eedings (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 />~"rusf:ee, to the extent permitted by applicable law. Trustor also will pay any court costs, in a(dition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of Che rights ancJ duties of Lender as set forth in this sertian.
<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 'T'rustrte arising as a (natter of law, i'rustee 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 an(.1 filing a coop yr plat of
<br />the Real Property, including the dedication of streets or other rights io the pt.rblic; (b) join in granting arty easement or creating any
<br />restriction on the Real Property; and Icl join in any subordination or other agreement affecting this Ueed 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 Tn.istee shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either rase in accordance with an(.1 tv fire full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, a[ Lender's option, may from time to time appoint a succ..essor 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. 'T'he instrument shall contain, in addition tv 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 I]eed of Trust is recorded, and the Warne
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deerl
<br />of Trust yr their successors in interest. The successor Lrustee, without conveyance of the Property, shall succeerJ tv all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. Phis procedure for substitution of Trustee
<br />sflall govern to the exclusion of all viper provisions Tor substitution.
<br />NOTICES. Any notice required to he 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 he 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 LJnited States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown neat the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over tftis 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 currant address. Unless otherwise provided or required
<br />by law, if there is more than one Truster, any nvtire given qy Lender to any Trustor is deemed to he notice given to all Trustors. It will be
<br />Trusty's responsibility to tell the others of the notice from Lander.
<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 Dor..uments is Trustee's entire agreement with Lender
<br />concerning the matters covered by This Deed of Trust. Tv he effective, any change or amendment tv this C)eed of Trust must he in
<br />writing and must he signed by whoever will he hound 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 nr
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall he 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 py 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 Lendor and, to the extent trot preempted by federal
<br />law, the laws of the State of Nebraska without regard tv its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Chgice of Venue. If there is a lawsuit, Trustoe agrees upon Lender's request to submit W 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 t]e joint and several, and all references to Trustor
<br />shall mean each and every Trustoe. This means that each Trustoe signing below is responsible for all obligations in this Deed of Trust.
<br />Na Waiver by Lender. l'rustor understands Lender will no[ 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. 1°rust:nr also understands that if Lender deP.$ 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 LencJer consents to
<br />one or more of Trustor's requests, that does not mean Lendor will he required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payrner)t, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Dead of Trust is not valid or should not be enfyced, that fact by itself will not
<br />" ' ~ mean that the rest of this Deed of Trust will not be valid yr 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 he found to 6e invalid or unenforreahle.
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