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Loan No: 127175" ' � •
<br />Page 5
<br />DEED OF TRUST � O� 1 Q s� s O
<br />(Continued)
<br />entitled thereto.
<br />(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, end each of them, shall be entitled to enforce payment and performence of any
<br />indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
<br />Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whethar
<br />by mortgage, deed of trust, pledge, lien, essignment or otherwise. Neither the acceptence of this Deed of Trust nor its enforcement,
<br />whether by court action or pursuant to the power of sale or other powers contained in this Deed 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 or Lender, it
<br />being egreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
<br />hereafter held by Lender or Trustee in such order and manner es they or either of them may in their absolute discretion determine. No
<br />remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
<br />law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Dead of Trust or
<br />now or hereafter existing et law or in equity or by statute. Every power or remedy given by tha Note or any of the Related Documents
<br />to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time
<br />to time and as often es may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
<br />Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against tha Trustor to the
<br />extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised elone or together. If Lender
<br />dacides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to 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. Truator, on behalf of Trustor and Lendar, hereby requests that a copy of any Notice of Defeult 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 paragreph of this Deed of Trust.
<br />Attorneys' Fees; Facpenses. If Lender institutes eny suit or action to enforce any of the terms of this Deed of Trust, Lender shell be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion ere
<br />necessary at eny time tor the protection of its interest or the anforcement of its rights shall become a pert of the Indebtedness payable
<br />on demand and shell bear interest at the Note rate from the dete of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to eny limits under applicable taw, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees end expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any autometic stay or injunctionl, appeals, and any anticipated post-judgment collaction services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appreisel fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay eny court costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights end duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers end obligetions of Trustee ere pert of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powera 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 of Lender and Trustor: (a) join in preparing and filing a map or piat of
<br />the Real Property, including the dedication of streets or other rights to the public; {b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shell meet ali qualifications required for Trustee under applicable law. In addition 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 foreclose by notice and sale, and Lender
<br />will 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, et Lender's option, may from time to time appoint e successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />Stete of Nebraske. The instrument shall contein, in addition to all other metters required by state law, the names of the original
<br />Lendar, Trustee, and Trustor, the book and pege (or computer system reference) where this Deed of Trust is recorded, end the name
<br />and eddress of the successor trustee, and the inatrument shall be executed and acknowledged by all the beneticiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shell succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by epplicable lew. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notica required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shell be given in writing, end 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, when deposited in the United States mail, as
<br />first ciass, certified or registered mail postage prepaid, dlrected 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 Dead 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 eddress for notices under this Deed of Trust by giving
<br />formai written notice to the other person or persons, specifying thet the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at ell times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice given to ali Trustors. It will be
<br />Trustor's responsibility 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 Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoaver will be bound or obligated by the change or emendment.
<br />Arbivatlon. Trustor and Lender agree thet all disputes, claims end controversies between us whether individual, joint, or cless in
<br />nature, erising ftotrp this Deed of Trust or otherwise, including without limitation contract and tart disputes, shall be arbi4rated
<br />pursuant to the Rules of the American Arbhration Association in effect et the tlme the claim is flled, upon request of either perty. No
<br />act to take or dispose of any Property shall constitute a waiver of thls arbitration agreement or be prahibited by thls arbitration
<br />agraement. This includes, without limitation, obtaining injunctive relief or a temporary restralning order; invoking a power of sale
<br />under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to
<br />personel property, including taking or disposing af such property with or without judicial process pursuant to Article 9 of the Uniform
<br />Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of eny act, or exercise of any
<br />right, concerning any Property, including any cleim to resclnd, reform, or otherwise modify any agreement relating to the Property,
<br />shall also be erbitrated, provided however that no arbitrator shell have the right or the power to enjoin or restrain any act of any party.
<br />Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in thls Deed of Trust
<br />shall preclude eny party from seeking equitable relief from a court of campetent jurisdiction. The statute of Ilmitations, estoppel,
<br />waiver, leches, and similar doctrines which would otherwise be applicable In an ection brought by a party shall be eppllcable in any
<br />arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these
<br />purposes. The Federal Arbitratlon Act shall apply to the construction, interpretation, and enforcement of this arbitration provision.
<br />Caption 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 shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
<br />Property at any time held by or r the benefit o end in any capacity, without the written consent of Lender.
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