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DEED OF TRUST 2 4�- � 0 516 :�
<br />Loan No: 101241889 (Contlnued) Page 7
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Nofe rate from the date of tha expenditure until repaid. Expenses cavered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lendar's legal expenses,
<br />whather or not there is a lawsuit, inciuding attorneys' fees and expenses ?or bankruptcy prooeedings (includittg effarts 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 reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicabie law. Trustor. also will pay any coUrt costs, in addition to all other sums provided by
<br />IeW.
<br />Rights of Truste�. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIORiS OF TRUSTEE. The foilowing provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers ot Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to teke the following
<br />actions with raspect to the Property upon the written request of Lender and Trustor: �ay 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; fb) join in granting any easement or creating eny
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust vr ihe interest of
<br />Lender under this Deed of Trust.
<br />Trustea. Trustee shali meet all qualifications required for T�ustea under appiicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any psrt of the Property, the Trustee shail have the right to fprecl�se by notice and sale, and Lender
<br />shall have the right to foreclose by judiciel foreclosure, in either case in eccordance with and to the full extent provided by appiicable
<br />law.
<br />Successor Truste�. Lendar, et Lender's option, may from time to time appoint a successar Trustee to any Trustee appointed under
<br />this Dead of Trust by an instrument executed and acknowledged by Lender end recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shaii contain, in eddition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page ior computer system reference} where this Dead of Trust is recorded, and the name
<br />end address of the suceessor trustee, and the instrument shall be executed and acknowfedged by al{ the bene.ficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shati succeed to all the title,
<br />power, and duties aonferred upon the Trustee in this Deed of Trust and by applicable law. This procedare tor substitution of Trustee
<br />shali govern to the exclusion of al! othar provisions for substitution.
<br />NOTICES. Any notice rsquired to be given under this Deed of Trust; including without limitation,any notice of defaulti and any notice of
<br />sale shall be given in writing, and shal.l. be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law),. when deposited with a nationally recognized ovemjght 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 forec)osure from the holder of any lien which has priority over this Dead of Trust shall be sent to LendeNs address, as
<br />shown near the beginning ot this Deed of Trust. Any party may changa its address for notices under ihis 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 noCice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor`s current address. Unless otherwise provided or required by lew, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed ta be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendmerrts. This Deed of Trust, together with any Related Documants, constitutes the entire understending and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No aiteration of or amendment to this Dead of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the aiteration or amendment.
<br />Annual Reports. If the Property is used for purposes other 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 />Lander shall _require. "Net oparating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes onty and are not to be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with eny other interest or estate in the
<br />Property at any time hald 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 end, to the extent not pre�mpted 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 tha State of Nebreska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
<br />Joirrt•end Severai Liability, AU obligations of Borrower and Trustor under this Deed of Trust shall be joint and severaf, and all
<br />references io Trustor shall mean each and every Trustor, and ali references to Borrower shall mean each and .every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or more af the parties is
<br />a corporation, pertnership, limited liability company or similar enfity, it is ,not necessary for Lender to inquire into the powers of any ofi
<br />the officers, directors, partne�s, members, or other agants acting or purporting to, act on the entity's behalf, and any obligetions made
<br />or created In relience upon the professed exercise of such powers shail be guaranteed under this Deed of Trust.
<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 axercising any right shall operate as e waiver of such
<br />right or any othar right. A weiver by Lender of a provlsion of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
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