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� DEED OF TRUST
<br />:s�a' �'1��� � i►i.
<br />lContinuedl `� O i O(j S� 5 Cj Page 5
<br />the terms of this Desd af Trust or undar the terms of the Note not than repaid, including but not limited to eccrued interest
<br />and �ate charges, (ii) all o#her sums then secured hereby, and (III) tI78 remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c) Trustse may in the manner prnvided by law postpone sale of ali or any portian af the Property.
<br />Remediea Not Excluslve. 7rustes and Lender, and each of them, shall be • entitled to enfarce payment and performance of any
<br />indebtedness ar obligatipns secured by this Deed af Trust and to exercise all rights and powers under this peed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or �ny laws naw ar hereafter in force; notwithstanding,
<br />spme or all of such indebtednasa and obligations secured by this Deed of Trust may naw or hereafter be atherwise secured, whether
<br />by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of 7rust nor its enforcement,
<br />whether 6y court action or pursuant to the power of sale or othar powers contained in this 17sed af Trust, shall prejudice or in any
<br />manner affect Trustee's vr Lander's right tn realize upon or enfqrce any other security now or hBreafter held by Trustee or Lender, it
<br />being agraed that Trustee and Lender, and each of them, shall k�a entitled to enforce this paed of Trust and any other sacurity now or
<br />hereafter held by Lender or Trustea in such order and manner as they or either of them may in their absolute discretion determine. No
<br />remedy canfarred upon or reservad to Trustee or Lender, is intended tn ba exclusive of any other remedy in this beed of Trust or hy
<br />law provided ar permitted, but each shall be cumulative and shall be in addition to evary other remedy given in this Deed ot Trust or
<br />now pr here�fter existing at law o� in eq�aity or by �tat}�te. Every qpwer pr reme�y given by �he Nata ar ��y of the ReJ�ted documents
<br />�to Trusfee or Lender or to which aither of them m�y be otherwise entitled, may 6e exercised, cpnpurrently or independently, from time
<br />to time and as often as may be deemed expedisnt by Trustee or Lendar, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lsnder from seeking a deficiency judgment against the Trustor tp the
<br />extent such actlon is permitted by law. �lection by Lender to pursue any remedy shall not exclude pursuit nf any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of T'ruator under this Deed of Trust, after Trustor's failure
<br />to perform, shall not affect Lendar's right to declara a default and exercise its r,emedies.
<br />Request far Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy nf any Notice of Default and a cppy of any
<br />Notice pf Sale under this Deed of 7rust be mailed to them at the addresses set forth in the first paragraph of this Deed pf Trust.
<br />Attorneys' Fees; Expensas. If Lender institutes any suit or actian to enforce any of the terms of this Deed of Trust, Lendar shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attarneys' fees at trial and upon any appeal. Whether or nat any
<br />cpurt action is invplved, and to the extent not prohibited by law, all rea$onable expqnses I,ender incurs that in Lendar's opinion are
<br />necessary at any time for the protectivn of its interest or the anforcement of its rights shall become a part of the Indebtedness paya6le
<br />on damand and shall bear interest at the Nvte rate from the date af the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal exp'snses,
<br />whether or not there is a lawsuit, including attprneys' fees and expanses for bankruptcy prpceedings (including efforts ta modify or
<br />vacate any automatic stay or lnjunctionl, appsals, and sny anticipated pnst-judgmQnt collection services, the cost of saarching
<br />records, obtaining title reporta (including foreclosure reports►, survayors' reports, and appraisal fees, title insurancs, end fees for the
<br />Trustee, to the extent permltted by applicable law. Trustor also will psy any court costs, in edditinn to all ather sums prnvided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forYh in this section.
<br />POWERS AND pBLICATIONS OF TRUSTEE. The follnwing provisions relating ta the powers and obligetions of Trustee are part of this
<br />�eed of Truat:
<br />Rowers of Trustee. In addition tp all powers of Trustes arising as a matter of law, Trustee shall have the pawer to take the following
<br />actions with respect to the Property upon the writtan request of Lender and Trustor: (a) join in praparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or pthsr rights to the puhlic; (b) join in granting any easement ar creating any
<br />rastriction on the Real Proparty; and (c) join in any subordination qr ather agreement affecting ;his Deed of Trust ar the intar8st of
<br />...�,.a'�'67'Ydti�tlltitle�''tMiB°[9e�(1'eYf'1"Yu$� ...........:... .� . , . .
<br />7rustee. Trust�e shall mee[ all quallflcations required for Trustee under applicable law. In addition to the rights and remediss set
<br />forth above, with respect to all or any part af the Property, the 7rustee shall ha.ve the right to foreclose by nptice and sale, and Lender
<br />shall have the right tn foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applica6le
<br />law.
<br />5uccessor 7rustae. Lender, at Lender's optiqn, may trom time to time appoint a successnr 1`rustee to any Trustee eppointed under
<br />this Deed of Trust by an instrumant executed and acknawledged by Lender and recorded in the pffice of the recorder pf HALL County,
<br />State of Nebraska. 7he instrument shall contain, in addltipn to all other matters required 6y state law, the names of the original
<br />Lender, Trustee, end Trustor, the book and page (or cpmputar system reference) where this Deed nf Trust is recorded, and the nama
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the 6eneficiaries under this Deed
<br />of Trust or thair successors in interest. The succassar trustee, withaut conveyanpe vf the Praperty, shall succeed to all the title,
<br />power, and duties conferred upon the 7rustae in this Deed of Trust and by applicable law. This procedure for substitution of Trustea
<br />shall govern to the exclusion pf all other provisiona far substitution. �
<br />NOTIC�S. Any notice requirad 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 dellvered, when actually received by telefacsimile (unless atherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, or, if mailed, when depositad in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shnwn near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure fram the holder of any lien which has priarity over this Deed of Trust shall he sent to Lander's address, as
<br />shown near the beginning pf this Deed of Trust. Any party may change its addrasa for noxices under this peed of 7rust by giving farmal
<br />written notice to the other parties, apecifying that the purpose of tha notice is to change tha party's address. Fpr notice purposes, Trustar
<br />agrees to keep Lander informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Truator, any nntice given by Lender ta any Trustor is deemed ta be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellanequ� provisions are a part of this Deed of Trust:
<br />Amandments. This desd of Trust, together with any Related Documents, constitutas the entire understanding and agreement pf the
<br />partias as to the matters set farih in this Deed af Trust. No alteration of or amendment to this peed of Trust shall be effactive unless
<br />given in writing and signed 6y the party nr parties sought to be charged or bound by the alteration pr amendment.
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<br />Annual Reports�. If the rv Property is used fpr purposes�other then Trustor's• residenee, �T'rustnr she►1- furnish -to LerrdeF,:r�pon request, e
<br />certified statement of net operating incame received fram the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall requira. "Net operating income" shall mean all cash receipts from the PrpperYy less all cash expenditures made in
<br />conneotion with the operation of the Property.
<br />Caption Headings. Caption hsadings in this psed of Trust ars for convenience purposes only and are not to be used tq interpret or
<br />define the pravisians of this Dead of Trust.
<br />Merger. Yhere shall be no merger of the interest or esta#e created by this �eed of Trust with any other interest or asta[e in the
<br />Property et any time held by ar far the 6enafit of Lender in any capacity, without the written consent of Lender.
<br />Governing Lew. This baed af Trust will ba govemed by fadaral law epplicable to Lander and, to the extent not praampted by federal
<br />law, the laws of the State of Nebraska withqut ragard to its conflicts of law pravisions. This Daad of Trust has besn qccepted by
<br />Lender in the 5tate of Nabraska.
<br />Chpice of Venue. If there is a lawsuit, Trustor agrees uppn Lender's request to submit to tha jurisdiction of the courts of Buffalo
<br />Cpunty, State of Nebraska. ' •
<br />No Waiver By Lander. Lender shall not 6e deamed to have waived any rights� ljnder this D�ed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in�exercising eny right shall operate as.a waiver of such
<br />right or any other right. A waivar by Lender of a provision ot this �eed of 7rust shall not prejudice ar constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provisipn or any other provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and 7rustor, shall constitute a waiver of any pf Lander's rights or pf any of
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