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Loan No: 3408320144
<br />D�ED OF TRUST
<br />Icontinuedl 2 010 016 2 G Page 7
<br />to time and as often as may 6e 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 prnhibiting Lender from seeking a deficiency judgmant egainst the Trustor to the
<br />extent such action is permitted by law. Election by Lender [o pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expenditures ar to take action to perform an obligation pf Trustor under this Deed of ?rust, after Trustor's failure
<br />to perform, shatl not affact Lander's right to daclare a default and exercise its remedies.
<br />Request fo� 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 qf Sale under this Deed of 7rust be mailad to tham at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit pr actian to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as ths court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Wh�ther pr not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lendsr incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement ot its rights shall became 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 nqt there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacete any automatic stay or injunetion►, 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 iees for the
<br />7rustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to alt other sums provided by
<br />law.
<br />Fiights 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 />baed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of (aw, 7rustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustqr: (a) join in preparing and filing a map or plat of
<br />the Real Propsrty, including th9 dadication at straet8 or pther rights ta the public; (6) join in granting any easement Or Creating any
<br />restriction on the Real Proparty; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Dead of Trust.
<br />Trustea. Trustee shall maet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth a6ove, with respect to all ar any part of the Property, the 7rustee 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 accnrdance with and to the ful) extent provided by applicable
<br />law.
<br />Succeasor Trustee. Lender, at Lander'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 acknpwledged by Lender and recorded in the office of the recorder of Hall Caunty,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lander, Trustee, and Trustor, the book and page (or computer system reference) where this Desd af Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall 6e executed and acknowledged by all the beneficiaries undar this Deed
<br />of Trust or their successprs in interest. The successor trustee, without conveyance of the Property, shall succeed ta all the title,
<br />pawer, 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 limitatipn 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 law1, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States msil, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shpwn 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 peed of Trust. Any party may change its address for notices under this pesd of Trust by giving formal
<br />written notice to the other parties, specifying that ths purppse pf the notice is to change the party's addrass. Fpr nptice 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 givsn to all Trustors.
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or mora purchasers,
<br />whether related or unrelated to Lender, (b) Lender may provida to any purchaser, or potential purchaser, any information or knowledge
<br />Lender may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it
<br />may have with respect tn such matters; (c) the purchaser of a loan will be considered its absplute owner and will have all the rights
<br />granted under the loan documents or agreements governing the sale of the loan; and (d) tha purchaser of a loan may enforce its interests
<br />irrespec[ive 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 copies, each of which shall be effective as an
<br />original, but all of which taken together shall constitu[e 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 />DEFINITIDN �F INpE81'�DNESS. The definition of "Indebtedness" herain includes, without limitation, all liability of Borrower or other party
<br />having its obligations to Lender secured hy this Deed of Trust, whether liquidated or unliquidated, defined, contingent, conditional or of any
<br />other nature whatsaever, and performance of all other obligations, arising under any swap, derivative, foreign exchanga or hedge
<br />transaction or arrangement (or other similar transaction or arrangement howsoaver described or defined) at any time entered into with
<br />Lender in connection with the Note.
<br />ENCUMBRANCES. Grantor/Mortgagor/Trustor shell npt, without Lender's consent, mortgage, assign, grant a lien upon or security interest
<br />in, or otherwise encumber tha Property or any interest in the Property, or allow such a lien nr security interest to exist or arise, whether
<br />voluntarily, involuntarily or by operation of law, except for liens and security interests in favor of Lender, or property taxes attributable to
<br />the Property which are not past due.
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