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DEED OF TRUST
<br />(continu�dl 2 010 4 �1$ G �� �
<br />Rights of Trustes. Trustee shall have all pf the rights and duties of Lender as sat forth in this section.
<br />PQWERS AND OBI.IGATIONS OF TRUS7'EE. The fallpwing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Pqwers of Trustee. In addition to all powers of l'rustae arising as a matter pf law, Trustee shall have the power to take the following
<br />ac#ions with respect to the Property upnn the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, inciuding the dedication of streats or other rights to the public; Ib) join in granting any easement or creating any
<br />restriction on the Real Prnperty; and (c) join in sny subordination or other agreement affecting this Deed of Trust or the interest nf
<br />Lender under this beed of Trust.
<br />Trustae. Trustee shall meet ali qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to ell or any part of the Propsrty, the Trustee shall have the right to toreclose by notice and sale, and Lender
<br />shall hav� the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent prpvided by applicable
<br />law.
<br />Successor 7rustee. Lender, at Lender's pption, 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 Lsnder and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall cantein, in addition to all other matters required by state law, the names of the original
<br />Lender, 7rustee, and Trustor, the baok and page (or computer system reference) where this Deed qf Trust is recorded, and the nama
<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. ?he successor trustee, without conveyance of the f'roperty, shall succeed to all ihe title,
<br />power, and duties conterred upon the Trustee in this Deed of Trust and hy appiicable law. 'This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisiona fpr substitution.
<br />NOTICES. Any notice required to be given under this Deed af Trust, including without limitation any notice of default and any nptice of
<br />sela shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless atherwise
<br />requirsd by law1, when deposited with a nationally recognized avernight 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 af fpreclosure from the holder of any lien which has priority over this Deed of Trust shall pa sent to Lender's address, as
<br />shown near the heyinning 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 6e notice given to all Trustors.
<br />CONSENT t0 S�LL l.OAN. The parties hereto agree: (a) Lender may sell or transfer all ar part of this loan to one or more purchasers,
<br />whether related or unrelated ta Lender; (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge
<br />Lender may have about the parties nr 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; (c) the purchaser of a laan will be considered 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 ot a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<br />FACSIMILE AND CDUNTERPART. This document may ha signed in any number of separate copies, each of which ahall be effective as an
<br />original, but all of which takan 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 definitian of "Indebtedness" herein includes, without limitation, all liability of Borrower or other party
<br />having its obligations to Lender secured by this Deed of Trust, whether liquidated or unliquidated, defined, contingent, conditianal or of any
<br />other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge
<br />transaction or arrangement (or other similar trensactian pr arrangement howsoever described or defined) at any time entered into with
<br />Lender in connectian 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, or otherwise encum6er the Property vr any interest in the Property, or allow such a lien or security interest to exist or arise, whether
<br />voluntarily, invpluntarily or by operatipn of law, except for liens and security interests in favor pf Lender, or property taxes attributable ta
<br />the Property which are not past due.
<br />AI'PRAISALS, FEES AND EXPENSES. Grantor/Trustor agrees that Lender may obtain appraisals and reappraisals and perform property
<br />evaluations and appraisal reviews of the Real Prnperty when required by the regulations of the �ederal Reserve Board or the Office of the
<br />Camptroller of the Currency, or any vther regulatory agency, or at such other times as Landar may reasonably require. Appraisals shall be
<br />performed by an independent third party appraiser selected by l.ender; prpperty evatuations and appraisal reviews may be performed 1�y
<br />third party appraisers or appraisers and staff of Lender. The fess, expenses and other cost of such appraisals, reappraisals, property
<br />evaluations and appraisal reviews shell be paid by Grantor/7rustar. In addition, GrantorlTrustor shall be responsible for payment of all fees
<br />and expenses of Lender and third perties relating to inspecting the Real Property, environmental review, title policies and endprsements (or
<br />title searchss, 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/T�rustarlMprtgagor presently assigns tv Lender all of Grantar/Trustor/Mortgagor's right, title and interest in
<br />and to all prasent and future leases of the Property and all rents from the Property. This Assignment of Rents is given to secure (A)
<br />Payment af the Indebtedness and (B) Performance of any and all abligations under the Note and Mertgage/Deed of Trust.
<br />GrantorlTrustorlMnrtgagor's present assignment to Lender heraunder is of all present end future leases includes all leases, licenses, rental
<br />agreements and other agreements of any kind relating to the use ar 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 (as used in this paragraph, each, a"Lease"
<br />and callectively, the "'Laases"1, together with any and all Rents trom the Prpperty. 7his assignment shall not impose uppn Lender any duty
<br />to produce Rents, nor cause Lender to be a"mortgagee in possession," or responsible for performing any of the obligatipns of the lessor
<br />under any Lease. Lender confers upon Grantar/Trustor/Mortgagor a license to collec# and retain the Rents as they come due, until the
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