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<br />entitled thereto.
<br />DEED O� TRUST 2 010 0 9 2 0 3
<br />(Continued) Page 5
<br />(c) Trustee may in the manner prnvided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shali be entitled to enforce 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 now or hereaftar be otherwise 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 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 or enforce any other security now or hereafter held 6y Trustee or Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall be entitled to �nforce this baed af Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner as they or eithc�r of them may in their absolute discretion determine. Nn
<br />remedy conferred uppn or reserved tp 7rustae 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 6e in additian to every other remedy given in this Deed of Trust or
<br />now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, frvm time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistant remadies.
<br />Nothing in this Deed of Trust shall be cons[rued as prohibiting Lender from seeking a deficiency judgment against the Trustvr 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 make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's tailure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Requeat for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of pefault and a copy of sny
<br />Nptice of Sals under this Deed of Trust be mailed to them at the addresses set forth in tha first paragraph of this Deed of 7rust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or activn to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled ta recover such sum ss 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 pro#ection vf its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<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 />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's lega) 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 injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustse, to the extent permitted by applicable law. Trustor also will pay any court costs, in additipn to all other sums provided by
<br />law.
<br />Rights of Trustes. Trustee shall have all of the rights and duties pf Lender as set fprth in this section.
<br />POWERS pND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and o6ligatibns of 7rustee are pert of this
<br />Deed pf Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power [o take the following
<br />actions 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 other 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 or other agreement affecting this Deed of Trust or the intersst af
<br />Lender under this peed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable faw. 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 />shall have the right ta foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by appficable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, 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 Lender emd recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition tp all vther rriatters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system raference) where this beed of Trust is recorded, and the name
<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. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferrad upon the Trustee in this Deed of Trust and by applicable law. This prpcedure fpr substitution of Trustee
<br />shall govern to the exclusion of all other provisions for su6stitution.
<br />NpTICES. 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 ntherwise
<br />required by law1, when deposited with a natioMally 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 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 hss 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 party may change its address for notices under this Deed of 7rust by giving formal
<br />written natice 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 Lander to any 7rustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of ihis Deed of Trusi:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire undsrstanding 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 of 7rust shall be effective unless
<br />given in writing and signed by the party nr partiss sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, 7rustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous tiscal year in such form and detail as
<br />Lender shall require. "NeC operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connectibn with tha operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall 6e 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 hald by or tor the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by faderal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts nf law provisions. This Peed of Trust has been accepted by
<br />Lender in the State of Nabraska.
<br />Ghvice of Venue. If there is a Iswsuii, Trustor agrees upbn Lend�r's request to submit to the jurisdiction of ihe couris of Buffalo
<br />County, State of Nebraska.
<br />No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Deed ot Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part vt 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 Deed of Tr�st shall not prejudice or constitute a waiver of Lender's
<br />right otherwisB to demand s[rict compliance with that provision or any other provision of this Deed of Trust. 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 of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instence shall not constitute continuing consent to subsaquent instances where such consent is
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