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DEED OF TRUST
<br />Loan Na: 10123�34g� 4 � � T (COntinued) �� i����� 1� Page 7
<br />Powers of Trustee. In addition to all powers of Trustes arising as a matter of law, Trustes ahall have the power to take the following
<br />actions with respect to the Property upan the written request of Lender and 7rustor: (a) join in preparing and filing a map or plat of
<br />the Real Proparty, including the dedication of streets or other rights to tha public; (b) join in granting any easement or creating any
<br />restriction on the Real Prpperty; and (c) join in any subordinatiqn pr other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />7rustee. Trustee shall meet all qualifications requirad for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all ar any pert of the Property, the Trustee shall have the right to foreclose 6y notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in aceordance with and to the fuil extent provided by applicable
<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 acknawledged by Lender and recorded in the office of the recorder of HALL Caunty,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters repuirad by state law, the nemes of the original
<br />Lender, Trustee, and Trustor, the boak end page (or computer system reference) where this Deed of 'frust is racarded, and the name
<br />and address of the succassor trustee, and the instrument shell be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their succassors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of 7rust and by applicable law. This procadure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any natice of default and any notice af
<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 ovemight courier, or, if mailed, when deposited in the United 5tetes mail, as
<br />first class, certified or registered mail ppstage prepaid, directed to the addresses shown naar tha beginning of this Deed of Trust. All
<br />copies of notices of foraclosure 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 7rust. Any party may change its address for noticas 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. 1=or notice purppses, Trustor
<br />agrees to keep I..ender informed at all times of Trustor's current address. Unless otherwise pravided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEQUS PROVISIONS. The fnlipwing miscellaneous provisions are a part of this Deed of Trust:
<br />Amendmants. This Deed of Trust, together with any Related Documsnts, canstitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of 7rust. No alteration pf or amendment to this Desd of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by tha alteration or amendment.
<br />Annual Reports. If the Property ia used for purposes other than Trustor's residence, Trustor shall furnish to Lender, uppn request, a
<br />certified statement of net operating income received from the Property during 1"rustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash recaipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Meadings, Caption headings in this Deed of Trust are tor convenience purposes only and are nqt tp be used to interpret or
<br />define the provisions of this Deed of 7rust.
<br />Merger. Thera 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 Lender in any capacity, without the written consent of Lender.
<br />Governing I.aw. This Deed of Trust will be governed by federal law applicable to Lender and, to the extant not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. 7his Deed of Trust has been accepted by
<br />Lender in the State of Nabraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of tha courts of Hall County,
<br />State of Nebraska.
<br />Joint and 5everal l.iability. All obligations of 8orrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustnr, and all references to Borrower shall mean each and every Borrower. T'his
<br />means that aach Trustor signing below is respansible for all obligations in this peed of Trust. Where any ona or more of the parties is
<br />a corppration, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of �ny of
<br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligatians made
<br />or created in relianca upon the professed exercise of such powers shall be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights undsr this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part af 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 Trust shall not prejudice or constitute e waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other prqvision of this Deed af Trust. No prior waiver by
<br />Lender, npr any course of dealing between Lender and 7rustor, 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 consant by Lender in any instance shall npt constitute continuing consent ta subsequent instancas where such consent is
<br />required and in ail cases such cansent may be granted or withheld in the sols discretion of Lender.
<br />Saverahility. If a court of competent jurisdiction finds any provision ot this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make tha offanding provision illegal, invalid, or unenforceable as to any ather person
<br />or circumstance. If fsasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the otfending provision cannot be sa modified, it shall be considered deleted from this Deed of 7rust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any prpvision of this Deed of Trust shail not affect the (egality, validity or
<br />enforceability of any other provision of this Daed af Trust.
<br />5uccessors and Assigns. 5ubject ta any limitations stated in this Deed af Trust on transfer of Trustar's interest, this Deed of Trust
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