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DEED OF TRUST
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<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 [o the power of sele 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 by Trustee or l.ender, it
<br />being agreed that Trustee and Lender, and each qf them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held 6y Lender pr Trustee in such prder and manner as they or either of them may in their absolute discretion determine. Np
<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 he cumulative and shall be in addition 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, from time
<br />to time snd as often as msy be deemed expedient by Trustee or Lender, and either of ihem may pursue inconsistent remedies.
<br />Nothing in this Deed of 7rust shali be construed as prohibiting Lender from seeking a deficiency judgment against the 7rustor to the
<br />exieni 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 failure
<br />to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Reques# for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of 5ale 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, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal, Whether pr not any
<br />cvurt 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 protection of its interest or the enforcement of its rights shall becpme a part of the Indebtedness paya6le
<br />on demand and shall 6ear 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 legal expenses,
<br />whether or not there is a lawsuit, inciuding attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title repprts (including foreclosure reparts), surveyors' reports, and appraisal fees, title insurance, and fees fpr the
<br />Trustee, to the extent permitted by applicable law. Trustor alsn will pay any court costs, in additinn tn ell other sums provided by
<br />law.
<br />Rights of 7'rustee. Trustee shall have all of the rights and duties pf Lender as set forth in this sectipn.
<br />POWERS AND OBLIGATIpNS pF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers af Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall heve the pawer to take the following
<br />actinns with respect to the Property upon the written request of Lender and Trus[or: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or o#her rights to the public; (b) join in granting any easement or creating any
<br />res[riction on the Real Property; and (c) join in any subordinatian or other agreement affecting this Dead of Trust or the interest of
<br />Lender under this Deed ot 7rust.
<br />Trustee. Trustee shali 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 Proper[y, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lander, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this beed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of [he recorder of MALL County,
<br />State of Nebraska. 7he 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 cbmputer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by ail the beneficiaries under this Deed
<br />of Trust or their successors in interes#. The successor trustee, withou[ conveyance of the Property, 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 exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any nbtice of default and any notice of
<br />sale shall �e given in writing, and shall be effective when actualiy delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deppsited with a nationally 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 has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning pf this Deed of Trust. Any party may change its addreass 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 c:hange the party's address. For notice purposes, Trustor
<br />agrees to keep Lender infprmed 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 Lender to any Trusior is deemed to be notice given to all Trustors.
<br />MISCELLANEpUS PRpV1510NS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in [his Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or 6ound by the alteratipn pr amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's re�idence, Trustor shall furnish to Lender, upon request, a
<br />certified sta#ement of net operating income received fram the F'roperty during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expendiiures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposss only and are not to be used to interpret or
<br />define the provisians of this Peed of Trust.
<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 Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be govemad by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, tne laws of #he 5tate of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has 6een accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalp
<br />County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay pr pmission on the part of Lender in exercising any right shall pperate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed ot Trust shall not prejudice or constitute a waiver pf Lender's
<br />right otherwise to demand strict 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 ta any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the grenting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a cburt of compet�nt jurisdiction finds any provisiqn of this Deed of Trust [o be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending prpvision illegal, invalid, or unenforceable as to any pther circumstance. If
<br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enfarceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted frpm this peed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenfprceability of any provision pf this beed of Trust shall not affect the legaliiy, validity or enforcea6ility of
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