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�Oi104283
<br />DEED OF TRUST
<br />(Continued)
<br />Page 5
<br />law provided or permitted, but each shall be 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 efther of them may be otherwise entiUed, may be exerclsed, concurrenUy or independently, from time
<br />to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pu�sue inconsistent remedies.
<br />Nothing fn this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
<br />extent such action is permitted by taw.
<br />Election of Remedles. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. (f Lender
<br />decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure fo do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />Request 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 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 shatl be
<br />entiUed to recaver such sum as the court may adjudge reasonable as attorneys' fees at trial and upon eny appeal. Whether or not any
<br />court action is invoNed, and to the extent not prohibited by law,' all reasonable expenses Lender �ncurs that in tend'er's cspinioh are
<br />necessary at any time for the protection of its fnterest or the enfo'r'cement of its rights shall tiecome a` part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure unt!! repaid. F�cpenses covered by this paragraph
<br />include, without IimitaUon, however subject to any limits under applicable law, Lenders attorneys' fees and Lender's legal eupenses,
<br />whether or not there is a lawsuit, including 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 tiUe reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also wili pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rlghts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<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 Trustea. 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 to the Property upon the wrltten request of Lender and Trustor. (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easerrient or creating any
<br />restriction on the Real Property; and (c) join in any subordinatitln or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addftion to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreciose by notice and sale, and Lender
<br />wiil have the right to foreclose by judicial foreclosure, in elther case in accordance with and to the full extent provided by appticable
<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 acknowiedged by Lender and recorded in the o�ce of the recorder of Hall Counry,
<br />StaYe 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 Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of 7rust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />-power,-and duYies conferred upon the Trustee .in this Deed of Trustand by appficable law. This pcocedure for substitution of Trustee
<br />shall govem to the exclusion of all other provisions for subsfftution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimife (uniess otherwise
<br />required by law), when deposfted with a nationally recognized ovemight courier, or, if mafled, when deposited in the Unfted 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 of this Deed of Trust. Any person may change his or her address for notices under th�s Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice glven by Lender to any 7rustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibiliry to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Reiated Documents is Tnastor's entire agreement with Lender
<br />conceming the matters covered by this Deed of Trust. To ba effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever w(II be bound or obligated by the change or amendment.
<br />Captlon Headings. Caption headings in this Deed of Trust 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 shalf be no merger of the interest or estate created by this Deed of Trust with any other (nterest 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 />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 confltcts of (aw provisions. This Deed of Trust has been accepted by
<br />Lender In the Stata of Nebraska. �
<br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Lia6111ty. All obligations af Tr�stor under xhis Deed. o�, Trust shall .be joint.and seYeral, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for etl obiigations in this Deed of Trust.
<br />No Waiver by lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of #his Daed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lertder will be required to consent to any of Tnastor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court flnds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provfsion of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. SubJect to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may dea! with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or eMension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the pertormance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
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