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<br /> 201102194
<br /> DEED OF TRUST
<br /> (Continued) Page 5
<br /> power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br /> entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br /> and either of them may pursue inconsistent remedies. Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeking a
<br /> deficiency judgment against the Trustor to the extent such action is permitted by law. Election by Lender to pursue any remedy shad not
<br /> exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this
<br /> Deed of Trust, after Trustor's (allure to perform, shall not affect Lender's right to declare a default and exercise Its remedies.
<br /> Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy or array Notice of Default and a copy of any Notice
<br /> of Sale 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 entitled
<br /> to recover such sum as the court may adludge reasonable as attomeys' fees at trial and upon any appeal. Whether or not any court action is
<br /> involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time
<br /> for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate trom the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br /> however subiect to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit,
<br /> including attomevs' fees and expenses tar bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction),
<br /> appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure
<br /> reports), surveyors' reports, and appraisal fees, this Insurance, and fees tar the Trustee, to the extent permitted by applicable law. Trustor
<br /> also will pav any court costs, in addition to all other sums provided by law.
<br /> Rights of Trusts& Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The tollowmg provisions relating to the powers and obligations of Trustee are part of this Deed or
<br /> 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 actions
<br /> with respect to the Propertv upon the written request of Lender and Trustor: (a) loin in preparing and filing a map or plat of the Real
<br /> Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br /> Real Property; and (c) join in any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of
<br /> Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br /> above, with respect to ad or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shad have
<br /> the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br /> Dead of Trust by an instrument executed and acknowledged try Lender and recorded in the office of the recorder of HALL County, State of
<br /> Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and
<br /> Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the
<br /> successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br /> successors in interest The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br /> upon the Trustee in this Deed of Trust and by applicable law. This procedure tar substitution of Trustee shall govern to the exclusion of all
<br /> other provisions nor substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br /> be given in writing, and shall be effective when actually delivered, when actually received by teletacsimile (unless otherwise required by law),
<br /> when deposited with a nationally recognized overnight courier, or, d mailed, when deposited In the United States mail, as first class, certified or
<br /> registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Tryst. All copies or notices of foreclosure
<br /> trom the holder of anv lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown clear the beginning of this Deed
<br /> of Trust. Any party math change its address for notices under this Dead of Trust by giving formal written notice to the other parties, specifying that
<br /> the purpose of the notice is to change the partv's address. For notice purposes, Trustor agrees to keep Lender Informed at all times of Trustors
<br /> current address. Unless otherwise provided or required by law, d there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors.
<br /> MISCELLANEOUS PROVISIONS. The tollowrng miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. This Dead of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties
<br /> as to the matters set forth in this Deed of TrusL No alteration of or amendment to this Deed of Trust shall be effective unless given in writing
<br /> and signed by the party or parties 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, Trustor shall furmah to Lender, upon request, a certified
<br /> statement of net operating income received from the Property, during Trustors previous fiscal year in such tom and detail as Lender shall
<br /> require. 'Net operating income' shall mean all cash receipts trom the Property less all cash expenditures made In connection with the
<br /> 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 define
<br /> 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 with any other interest or estate in the Property at
<br /> any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br /> Goveming Law. This Deed of Trust will be governed by federal 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 of law provisions. This Deed of Trust has been accepted by
<br /> Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lenders request to submit to the jurisdiction of the courts of Buffalo County,
<br /> 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 or omission on the part of Lender In exercising any right shall operate as a waiver of such right or
<br /> any other right. A waiver by Lender of a provision of this Deed of Trust shall not preludice or constitute a waiver of Lenders right otherwise
<br /> to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver or any of Lender's rights or of any of Trustors obligations as to any future
<br /> transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lander in any instance
<br /> shall rat constitute continuing consent to subsequent instances where such consent Is required and to all cases such consent may be
<br /> granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent Iunsdicson finds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any
<br /> circumstance, that finding shah not make the offending provision illegal, invalid, or unentorceable as to any other circumstance. If feasible,
<br /> the offending provision shall be considered modified so that it becomes legal, valid and entorceable. If the offending provision cannot be so
<br /> modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unentorceability
<br /> of any provision of this Deed of Trust shall not affect the legality, validity or enlorceability of any other provision of this Deed of Trust.
<br /> Successors and Assigns. Subiect to any limitations stated in this Dead of Trust on transter of Trustors interest, this Deed of Trust shad be
<br /> binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested in a person
<br /> other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead of Trust or liability under the
<br /> Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any action, proceeding, or counterclaim
<br /> brought by any party against any other party.
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