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DEED'OF TRUST �
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<br />Remedies Not Exclusive. Trustee and Lender, and each pf them, shall be entitled to enfprce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Qeed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may naw or hereafter be o#herwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or atherwise. 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 Deed of Trust, shall prejudice or in any
<br />manner affect Trustee's or Lender's right to realize upon ar enforce any other security now or hereafter held by Trustee or Lendar, it
<br />being agreed that Trustee and Lender, and each nf them, shall he entitled ta enfarce this beed of Trust and any other security now or
<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 intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, hut each shall be cumulative and shall be in addition to every other remedy given in this Peed of Trust or
<br />now or hereafter existing at law ar in equity or by statute. Every power or remedy given by tha Nvte or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be atherwise 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 af Trust shall be canstrued as prohibiting l.ender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by law. Election by Lender.to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to maks expanditures or to take actipn to perfprm an obligation of Trustor under this Dead pf Trust, afker Trustor's feilure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Raquast for Notica. Trustor; on behalf pf Trustor �nd I.ender, hereby requests' that a copy of any Natice af Qefault �and a capy 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' Faes; 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 prptectipn of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shatl bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />includ9, withput limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not thBrs is a lawsuit, including attomsys' f9es and expenses for bankruptcy proce8dings (including effarts to modify or
<br />vacate any automatic stay or injunetion►, appeals, and eny anticipated post-judgment nallection services, #he cvst 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 caurt costs, in addition to all other sums provided by
<br />law.
<br />Rights af 7rustee. Trustee shall hava all of the rights and duties of l.ender as set forth in this section.
<br />POWERS AND QBLIGA71pN5 �F TRUSTEE. 7he fnllowing pravisions relating to the powers and obligatians of 7rustee are part of this
<br />Deed of Trust:
<br />Ppwers of Trustee. In addition ta all pawers of 7rustee arising as a matter of law, Trustee shall have the power to take the following
<br />ections 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 athar 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 nr other agreement affeccing this Deed of Trust or the interest of
<br />Lander under this Deed of Trust.
<br />7rustae. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect ta all or any part ot the Property, the Trustee shall have the right to foreclose 6y notice and sale, and Lender
<br />shall have the right ta foreclose by judicial tareclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Suceessor 'True#t�e. Lender, at Lender's optianR may frpm tima to time appoint a successor Trustee ta any Trustaa appainted 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 Nal�raska. The instrument shall cantain, in additian to all other matters required by stata law, the names of the priginal
<br />Lender, Trustee, and Trustor, the 600k and page (or computer system reference) where this Deed of Trust is recorded, end the neme
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this �eed
<br />af 7rust or their succassors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties canferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of 7rustee
<br />shall govern to tha 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 effactive 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 tha 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 />shpwn near the beginning of this Deed of Trust. Any party may change its address for nptices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying thst 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 addrsas. Unless atharwiae provided pr required by law, if there is more
<br />than ane Trustor, any notice given by Lender to any Trustor is deemed to be nntice given to all Trustors.
<br />MISCELLANEOUS PROVISIQNS. The fpllpwing miscallaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire unders#anding 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 af Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to ba charged or bound hy the alteration or amendment.
<br />Annual Reports. If the Property is used for purpases other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Proper#y during Trustar's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts frqm the Proper#y le&s all cash expendituras mads in
<br />connection with the operation of the Property.
<br />Caption Haadings. Caption headings in this Deed of Trust are for conveniance purposes qnly and are not to be used to interpret or
<br />,.." 8efitie �tha' prowi��i�ne ot th� 17eWd of Trust. , ., ..,
<br />Merger. There shall be no merger of the interest pr estate created by this Deed of Trust with I 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 consen# of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to #he axtent not preempted by federal
<br />law, the laws of the Stata of Ne6raska withou# ragard to its conflicts of law provisions. This Deed of Trust has bean sccepted 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 pf the courts of Buffalo
<br />County, State of Nebraska.
<br />Joint end Seweral Liabilky. 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 fpr all pbligations in this Deed of Trust.
<br />Mo Waiver by Lender. Lender shall not be deemed to have 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 tha 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 beed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any nther provision of this beed pf 7rust. 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 af
<br />Trustor's obligations as to any future transactions. Whenaver the consent of Lender is required under this Deed of Trust, the granting
<br />of such cansent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
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