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DEED OF TRUST 2 Q 10 0� 7 s� Pa e 7
<br />(Continued) �
<br />�aW.
<br />$uccessor Trus#ee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any 7rustee appointed under
<br />this Deed vf Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder qf Hall County,
<br />State of Nebraske. The instrument shall contain, in addition to all other matters requirad by state law, the names of the original
<br />Lendar, Trustee, and Trustor, tha book and page (or computer system reference) whers this Deed of Trust is recarded, and the name
<br />and address of the suacessor trustee, and the instrument shall be executed and acknowledged by all the qeneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Praperty, shall succeed to �II the title,
<br />power, and duties conferred upon the Trustee in this peed of Trust and by applicable law. This procedure for substitutipn of Trustee
<br />shall govem to the exclusion of all other provisions for substitution.
<br />NOTICES. Any natice required to be given under this Deed of Trust, including without limitation any notice af default and any nptice of
<br />sale shall be given in writing, and shall be eftective when actually' delivered, when actually received by teletacsimile (unless atherwise
<br />required by law►, whsn deposited with a nationally recagnized nvernight courier, or, if mailed, when deposited in the United Ststes mail, as
<br />first class, certitied or registered mail pastage prepaid, directed to the addresses shown near the beginning of this Deed af 7rust. All
<br />copies of notices of foreclasure from the holder of any lien which has priority over this Deed af Trust shall 6e sent to Lender's address, as
<br />shvwn near tfie beginning of this Deed of 7rust. Any party may change its address fnr nptices under this Deed af Trust by giving formal
<br />written notice to the other partiss, specifying that the purpose ot the notice is to change the party's address. For notice purposes, Trustar
<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 nne Trustor, eny notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />CONS�NT TO S�LL LOAN. The parties hereto agree: (a) Lender may ssll or transfer all or part af this loan to one or more purchasers,
<br />whether related or unralated to Lender; (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge
<br />Lender may have about the partiea or about any other matter relatin� to this loan o6ligation, and the parties waive any rights to privacy it
<br />may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute ownar and will have all the rights
<br />granted under the loan documents or agreements governing #he sale of the loan; and (d) the purchaser of a loan may enforce its interests
<br />irrespective pf any claims or defenses thet the parties may have against Lender.
<br />FAC5IMILE AND COUNTERPAIiT. This document may be signed in any number pf separate capies, each of which shall be effective as an
<br />original, but all af which taken together shall constitute a single document. An alectronic transmission or other facsimile of this document
<br />or any related dacument shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />DEFINITI�N QF INDEBTEDNESS. The definition of "Inde6tedness" 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, conditional or of any
<br />other nature whatsoever, and performance af all other obligations, arising under any swap, derivative, foreign axchange or hedge
<br />transaction or arrangement (or other similar tr�nsaction or arrangement howspever described or defined) at any time entered into with
<br />Lender in connection with the Note.
<br />ENCUMBRANCES. GrantorlMortgagor/7rustor shall not, without Lender's cons�nt, mortgage, assign, grant a lien upon or security interest
<br />in, or otherwise encumber the Property or any interest in the Property, or allow such.a lien ar security interest to exist or arise, whether
<br />voluntarily, involuntarily or by operation of I�w, exceqt for liens and security interests in favar of Lender, or property taxas ettributable to
<br />the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. GrantorlTrustor agrees that Lendar may obtain appraisals and reappraisals and perform prpperty
<br />evaluations and appraisal reviews of the Real Property when required �y the regulations of the Federal Rsserve Board or the Office of the
<br />Camptroller of the Currency, or any other regulatory agsncy, or at such pther times as Lender may reasonably require. Appraisals shall be
<br />perfarmed by an independent third party appraiser selected 6y Lender; prvperty evaluetions and appraisal reviews may be performed by
<br />third party appraisers or appraisers and staff of Lender. The fees, axpenses and other cost of such appraisals, reappraisals, property
<br />evaluatipns and appraisal reviews shall be paid by GrantarlTrustor. In addition, Grantar/Trustor shall be rasponsible for payment af all fees
<br />and expenses of Lender and third parties relating to inspacting the Real Praperty, envirpnmental review, title pplicies and endorsements (or
<br />title searches, abstracts of title or legal opinions of title where applicablel, and monitoring the payment af property taxes, and any
<br />governmental taxes, fees and recording costs relating to this deed.
<br />LEASES AN� RENTS. Grantor/Trustor/Mortgagor presently assigns to Lender all of Grantor/Trustar/Mortgagor's right, title and interest in
<br />and #o all present snd future leases of the Property and all rents from the Proparty. This Assignment of Rents is given to secure (A)
<br />Payment of tha Indebtedness and IB) Performance af any and all obligations under the Note and Mortgage/Dead 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 thereta 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 upnn Lender any duty
<br />to produce Rents, nor cause lender ta be a"mortgagee in passession," or responsible for performing any of the pbligations of the lessor
<br />under any Lease. Lender confers upan 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 time the license shall be autamatically revoked, and Lender, or its designated agent msy, et
<br />its option and without natice, make, cancel, enforce or modify any Lease or Rents, collect Rents and do any acts which Lender deams
<br />proper to protect the security hereof or exercise any other right or remedy hereunder. Grantor/Trustor/Mortgagor represents and warrants
<br />that there exists no material default under present Leases and that thpse Leases ere in full force and effect. Lender, at its ap#ion and
<br />withaut notice, may notify any tenant of this assignment of the Leases and Rents. Grantor/7rustnr/Mortgagor agrees, at its expense, (i) to
<br />comply with and enforce all the terms and conditions under each Lease, and defend in any action in connection with any Lease; (ii) not ip
<br />modify any Lease in any material raspect, nor accap# surrendar under or terminate the term of any Lease, nor waive or release any tenant
<br />under any Lease; (iii) npt to anticipate the Rents undar any Lease; and (iv) 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/Trustor/Mortgagor under any Lease received from a tenant. 5hould
<br />GrantorlTrustor/Mortgagor fail to do any act required tp be done by Grantor/TrustorlMortgegor 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 />GrantorlTrustvr/Mortgagor agrees to pay to Lender immediately upon demand all sums expended under the authority hereof, including
<br />raasonable attorneys' fees, tvgether with interest thereon at the highest rate per annum payable under any Indebtedness, and the same, at
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