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<br />DEED OF TRUST
<br />Laan No : 8101�1 (Continued)
<br />Page 5
<br />conclusive proof of tha truthfulness thereof. nny person, including without limitation Trustor, Truetee, or Lender, may
<br />purchase at such sale.
<br />(b) As may be permitted by lew, efter deducting all coats, fees end expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shail apply the proceeds of sale to payment of (i) all aums expended under
<br />the terms qf this Daed of Trust or under the terms at tha Note not then repaid, including but not Iimited to accrued interest
<br />and.late'charges, (ii) all nther sums then secured here6y, and (iii) the remainder, if any, to the person or persons legally
<br />entitled thereto.
<br />(c1 Trustee mey in the manner provided by law postpone sale of all or any portion af the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enfarce payment and performance of eny
<br />inde6tedness or oblig�tions aecured by thfs Dsed of Trust and to exerciae al) rights and powers under this Peed of Trust, under the
<br />Note, under any of the Aelated Documents, or under any vther egreement or any laws nvw vr hereafter in force; notwithstanding,
<br />some or.all of such indebtedness and obligations secursd by this �eed of Trust may now or hereafter be otherwise secured, whether
<br />by mortgage, dead of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforesment,
<br />whether by court action or pursuant to the pawer vf sale or vther paw8r& Contained in this Dged 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 pr Lender, it
<br />being agreed that Trustee and Lender, and each of them, shall qe entitled to eniorce this Deed of Trust and any qther security now ar
<br />hareafksr held by Lender pr Truatee 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 TruateB or Lender, is intended tn 6e exclusive vf any ather remedy in this Deed of Trust or by
<br />law proyided or permitted, but each shall.be cumulative and shall be in addition to every othar remedy given in this Deed of Trust or
<br />naw or heraafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
<br />ta trustee or Lander or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often as mey be deemed expedient by Trustee or Lender, and either of them msy pursue inconsistent remedies.
<br />Nothing in this pead of 7rust shall be construed as prohibiting Lender from seeking a deficiancy judgment egeinst the Trustor to tha
<br />extent such actiorr ia psrmitted by law. Election by Lender to pursue any remedy shell not exclude pursuit of any ather remedy, and
<br />art election to meke expenditures or to take actian to parfarm en obligation o.t Trustor under this Deed vf l'rust, after Trustor's failure
<br />tn perform, shall not affect Lender's right to daclare a default and exercise its ramedies.
<br />Rsquest for Notice. 1'rustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust be mailed to them et the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attarneys' Feas; Expensas_ If Lender institutes eny suit or action to enforce any af the terms of this . Deed of Trust, Lender shall be
<br />eniitled to recover such sum as the court may adjudge reasonabla as attorneys' feea at trial and upon any appeal, Whether or nat any
<br />court action is involved,' end to the extent not prohibited by law, all reasonable expenses Lender incurs thet in Lender's opinion are
<br />nacessary at any time for the protectlon af its interest or the enforcement of its rights shall become a part nt the Inde6tedness 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 lirnits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a IawsuiC, including attorneys' fees and expenses for bankruptcy proceedings (inciuding efforts to modify or
<br />4aca#e any eutomatic stay or injunction►, appeals, and any anticipated post-Judgment collection services, the cast af searching
<br />records, pbtaining title reports (including foreclosura reportsl, surveyors' reports, and appraiael fees, ti.tle insurance, and fees for the
<br />7rustaa, to the axtent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Righta af Trustea. Trustee shati have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIpNS qF TRUSTEE. 'The fvllowirg provisions relating to the powers and obligations of Trustee are pert of this
<br />peed of Trust:
<br />Powers of Trustae. In addition ta all pawers of Trustee 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 ot Lender and 7rustor. (a) join in preparing and filing a map or plet of
<br />the Real Property, including the dedication of streets or ather rights to the public; (b) join in granting any easement or creatin� any
<br />restriction on the Real property; and lc) join in any subordination or other agreement affecting this Deed af Trust ar the interest of
<br />Lender under thi3 Deed of Trust.
<br />7rustee. 1"rustee shell meet all qualifications required for 7rustee under appflcable law. In additipn to the rights end remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee ahall 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 prvvided by applicable
<br />law.
<br />Suceesspr Twustee. l.ender, at Lender's option, mey from time to time appoint a successpr Truatae to eny Truatee appointad under
<br />this Deed of 7rust by an instrument executed and acknowledged by l.ender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrumen[ shali contain, In addition to all other matters required by state I�w, the names of the original
<br />Lender, Trustee, end Trustor, the book and page {or computer system reference) where this Dead of Trust is recorded, and the name
<br />and address of the auccessar trustee, and the instrument shall be executed end acknawledged by all the beneficiariea under this Daed
<br />nf 'Crust or their successors in interest. The successor trustee, without conveyance of tha Prpperty, shall succeed .to all the title,
<br />powec; and duties conferred upon the Trustee in this �eed of Trust end by applicable law. This procedure for auhstitution of Trustee
<br />shall gavern tp the excluslon of all other provisions for substitutian.
<br />NOTICES. Any notice required to be given under this Deed of Trust, inciuding without limitation any notice pf default and any notice of
<br />sale shall be given in writing, and shall be effeciiva when actually delivered, when actually raceived by telefacsimile (uniess otherwise
<br />required 6y law�, when deposited with a nationally recognized nvernight courier, or, if mailed, when deppsitad in the United States mail,. as
<br />first class, certified or regiatered mail postage prepaid, directed to the addresses shown ne�r the beginning of this aeed af 7rust. All
<br />copiss pf notices of faraclasure frnm the holder of any lien which has pr(a.rity over this �eed of Trust shall be sent ta Lendar's address, as
<br />shawn near the beginning of this Deed af 7�uat. Any party may change its address fvr notices under this Deed ot Trust 6y giving fnrmal
<br />writtsn notice to the other partias, specifying that the purpose of the notice is to change the party'a address. For notice purpoaes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unlesa otherwise provided or requlred by law, if there. is more
<br />than one Trustor, any notice glvan by lender to any Trustor is deemed to tie notice given to all 7rustors.
<br />MISCELLANEOUS PROVISIOINS. 7he following miscellaneous pravisions are a part of this Deed of Trust:
<br />Amendments- This Deed of 7rust, together with any Ralated Documents, constitutes the entire underatanding end agresment oF the
<br />parties as ;o the metters set forth in this �eed of Trust. No alteratian of or amendment to thls Qeed of Trust shall he effective unless
<br />given in writing and •signed by the party or parties sought to be charged or bound by the elter�tivn or amendmant.
<br />Annuel Reparts. If the Praparty ia used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating incnme received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating Income" shall mean all cash recaipts trpm the Praperty less all cash expenditures made in
<br />Connection with the Operation of the Prvperty.
<br />Captfon Hsedings. Caption heedings in this Deed af Trust are for convenience purpoaes only and are not to be used to interpret• or
<br />defina the provisions of this Deed of Trust. .
<br />Merger. There shall be no merger of the interest or estate created by this Dead of Trust wlth any other Interest or astate In the
<br />Prnperty at any time held by or tor the 6enefit af Lender in any cepacity, withou# the writtan consent af Lender.
<br />Governing lew. This Peed of Trust will be governed by federal lew applicable tp Landar and, tu tha extant not preempted by federal
<br />law,. the lews of the State of Nebraske without regerd to its aonflicts of law provlsfons. . Thia Dead of 7rust has been .accepted by
<br />Lender In the Stata of Nabraska.
<br />Choice of Venue. If there is a lawsuit, Trustor sgrees upon Lender's request ta su6mit to the jurisdiction of the courts of Mell County,
<br />State of Nebraska,
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