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<br />DEED OF TRUST 2 O 110 0 4 6 3
<br />Loan No: 101237797 (Continued) Page 7
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In Addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect tn the Property upon the written request of Lender and 7rustor: (a) join in preparing and filing a map or plat of
<br />the Real Pr�perty, including the dedication of streets or other rights to the public; (b) join in gr�nting any easement or creating any
<br />restriczion on the Real Property; and (cl join in any subordination or other agreement affecting this bead of Trust or the interest of
<br />l.ender under this Deed of 7rust.
<br />7rustea. Trustee shall meet all qualificatinns required fpr Trustee under applicable law. In addition to the rights and remedies set
<br />fnrth above, with respect to all or any part of the Property, the 7rustee shail 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. Lender, at Lender's option, may from time to time appoint a successar Trustee to any Trustee appointed under
<br />this Peed of 7rust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska, The 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 computer system reference) where this D��d of 7rust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by sll the beneficiaries under this Deed
<br />of 7rust or their successors in interesT, The successor trustee, without conveyance oi the Property, shall succeed to all tho title,
<br />power, and duties conferred upon th� Trustee in this Deed of 7rust and by applicable law. This procedure for substitution of 7rustee
<br />shall govern to the exclusinn of all other provisions for substitution,
<br />NdTICE5. Any notice required to be given under this Deed of Trust, including without limitation any notice of defauit and any notice of
<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 overnight courier, or, if mailed, wh�n deposited in the United Stetes mail, es
<br />first class, certified or registered mail ppstaga prepaid, directed to the addresses shpwn near the b�ginning of this Deed nf Trust. All
<br />copies of notices of foreclpsure 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 Trust. Any party may change its address for notices 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. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise prnvided 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 l"rustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions arQ a part of this Deed of Trust;
<br />Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and ac�reement of the
<br />parties as t� the matters set forth in this Deed of Trust. No alteratinn �f or amendment to this Deed of 7rust shall be effeetive unless
<br />given in writing and signed by the party or parties sought to 6e charg�d or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purpnses othar than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />l.ender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation nf the Property.
<br />Caption Headings. Caption headings in this Deed at 7rust 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 bp no merger of the interest or estata created by this Deed of Trus4�with any other interest or estete in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of �ender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to flie extent not preempted by faderal
<br />law, the laws of the State af Nebraska without regard #o its conflicts of law provisions. This .paed of '1'rust has been accepted by
<br />Lender in the 5tate of Nehraska.
<br />Choice of Vanue. If there is a lawsuit, Trustor agrees upnn Lender's request to submit to the jurisdiction of the courts of HALL
<br />County, State of Nebraska.
<br />Joint and Several Liability. AII nbligations of Borrower and Trustar under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean oach and every 7rustor, and all referennes to Borrowsr shall mean each and every Borrower, 7his
<br />means that each 7rustor signing below is responsible for all o6ligations in this Deed of Trust.
<br />No Waiver by I.ender. Lender shall not be deemed to have waived any rights under this beed of Trust unless such waiver is given in
<br />writing �nd signed by Lender. Np delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any ather right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of �ender's
<br />right otherwise to demand strict complianc� with that provision or any other provisinn pf this Deed of 7rust. Np privr waiver by
<br />L.ender, nor any course of dealing 6etween Lender and Trustor, shall constitute a waiver nf any of Lender's rights ar of any of
<br />7rustor's obligations as to any future transactions. When�ver the cnnsent of Lender is required under this Deed of Trust, tha granting
<br />of such consent by Lender in any instance shall not constitute epntinuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted ar withheld in the sole discretion of Lender.
<br />5everebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person nr circumstance, that finding shall not make the offending provision illegel, invalid, or unenforceable as to any ather person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable, If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provisipn pf this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Peed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
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