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201007934
<br />DEED OF TRUST
<br />Loan Na: 808329 (Cpntinued)
<br />Page 5
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remadies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights end powers under this beed of 7rust, under the
<br />Note, under any of the Related Qocuments, or under any other agreement or any laws now or hereafter in fvrce; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwisP 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 6y 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 7rustee's or I�ender's right to realize upon vr enforce any other security now or hereafter held by Trustee ar Lender, it
<br />being agreed that Trustee and L.ender, and each of them, shall be entitled to entorce this Deed of Trust and any other security now or
<br />hereafter held by Lender nr 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, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
<br />now nr hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related pocuments
<br />to Trustee or Lender or to which either of them may be otherwise entitied, 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 of Trust shall be construed as prohi6iting Lender from seeking a deficiency judgment egainst the Trustor to #he
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustor's obligations under this beed of Trust, after Trustor's failure to da so, that
<br />decision by lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Trustor, on behalf of Trustor and l.ender, herepy requests that a copy of any Notice of Default and a copy of any
<br />Notica 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' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lend�r shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' Yees at trial snd upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expPnses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become e part of the Indebtedness paya6le
<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 />includs, without limitetion, however subject to any limits under applicable law, l.ender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction►, appeals, and any anticipated pnst-judgment collection services, the cost of searching
<br />records, obtaining titls 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 court costs, in addition to all other sums provided �y
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS QF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />beed of Trust:
<br />Powers of Trustee. In additinn to all powers of Trustae arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor. (a) jvin in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or nther rights to the public; (b) join in granting any easement or creating any
<br />restrictinn on the Real Property; and (c) join in any subordinatlon or other agreement affecting this Deed of Trust or the interest nf
<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 Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will have tha right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent providsd by applicable
<br />law.
<br />Successor 7rustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this �eed of Trust by an instrument executed and acknowledged by Lender and rPCarded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or cnmputer system reference) where this beed of Trust is recorded, and #he name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this beed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Prnperty, shall succeed to all the title,
<br />power, 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 exclusian of all vther pravisions for substitution.
<br />NO"fICES. 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 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 United States mail, as
<br />first class, certified nr registered mail postage prepaid, directed to the 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 />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 current address. Unless otherwise provided or required
<br />by law, if there is more than vne Trustor, any notice given by Lender to any Trustor is deemed tn be notice given ta all Trustors. It will be
<br />7rustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEQUS PROVISIOh15. The following miscellaneous provisions are a part of this L7eed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be 6ound pr pbligated by the change ar amendment.
<br />Captibn Headinge. Caption headings in this Deed of Trus� are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this beed of rtrust.
<br />Merger. There shall be 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 by or for the benefit of l.ender in any capacity, without the written cansent of Lender.
<br />Governing LBw. This Deed nf Trust will be governed 6y federal law applicahle to Lender and, to the extent not preempted 6y federal
<br />law, the laws af the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State af Nehraska.
<br />Chpice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Mall County,
<br />Sta#a of Nebreska.
<br />Joint and Several Liability. 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 for all obligations in this Deed of Trust.
<br />No Waiver by I.ender. Trustor understands Lender will not 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 thaY Lender has given up that right. If Lender
<br />does agree in writing to give up ons of Lender's rights, that does not mean Trustor will not have to comply with the other prvvisions
<br />of this Deed of Trust. Trustor also understands that if Lender daes cnnsent 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 Lender consents to
<br />one ar more of Trustor's requests, that does not mean Lender will be required tv consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for paymenC, protest, and notice af dishonor.
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