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Loan No: 129695
<br />DEED OF TRUST � 0�. � 0 7 310
<br />(Continued) Page 6
<br />Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exarcised,
<br />concurrently or independently, from time to time end as often as may be deemed expadient by Trustee or Lender,
<br />and either of tham may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as
<br />prohibiting Lender from seeking a deficiency judgment against the Trustor to the axtent such action is permitted by
<br />law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
<br />make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's
<br />failure 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 end Lender, hereby requests that a copy of any Notice of Default
<br />and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first
<br />paragraph of this Deed of Trust.
<br />Expenses. If Lander institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable. Whether or not any court ection is involved,
<br />and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of tha
<br />Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until
<br />repaid. Expanses covered by this paragraph include, without limitation, however subject to eny limits under
<br />applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
<br />stay or injunction), appeais, and any anticipeted post-judgmant collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurence, and
<br />fees for the Trustee, to the extent permitted by appliceble law. Trustor also will pay any court costs, in eddition to
<br />all other sums provided by law.
<br />Rights 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
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee erising as a matter of law, Trustee shall have the power to
<br />taka the following actions with respect to the Property upon the written raquest of Lendar and Trustor: (a? join in
<br />preparing and filing a map ar plat of the Real Property, including the dedication af streets or other rights to the
<br />public; (b) join in granting any easement or creating any restriction on the Rea!' Property; and (c) join in any
<br />subordination or other agreement affecting this Deed of Trust or the interest of Lander under this Dead of Trust.
<br />Trustee. Trustee shall meet ali qualifications required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, and Lender shall heve the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable lew.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and paga (or
<br />computer system reference) where this Dead of Trust is recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, withaut conveyance of the Ptoperty, shall succeed to all the
<br />title, power, and duties conferrad upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govern to the exclusion of ell other provisions for subst�tution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including withouY limitation any notice of default
<br />and any notice of sale shall be given in writing, and shell be effective when actually d�livered, when actually recaived
<br />by telefacsimile (unless otherwise required by law), when deposited with a nationally reCOgnized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered rnail postage prepaid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lendar's address, �s shown near the beginning of
<br />this Deed of Trust. Any party may change its address for notices under this Deed o4 Trust by giving formal written
<br />notice to the other parties, specifying that the purpose of the notice is to change the party's eddress. For notice
<br />purposes, Trustor agrees to keep Lender informed et ali times of Trustor's current address. Unless otherwise provided
<br />or required by law, if thare is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
<br />given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneaus provisions are e part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alt8ration of or emendment to this
<br />Deed of Trust shall be effectiva unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes othar than Trustor's reskdence, Trustor shall furnish to
<br />Lendar, upon request, a certified statement of net operating income recaived from the Praperty during Trustor's
<br />previous fiscal year in such form and detail as Lender shall require. "Net opereting income" shall mean all cesh
<br />receipts from the Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or define 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
<br />estate in the Property at any time held by or for the benefit of Lender in eny capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable tu Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its �onflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebreska.
<br />Joint end Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, end all
<br />raferences to Trustor shall mean each and every Trustor. This means that 'each Trustor signing below is
<br />responsible for all abligations in 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
<br />waiver is given in writing and signed by Lender. No delay or omission on the pert pf Lendar in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict complianca with that
<br />provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Trustor, shali constitute a waiver ot any of Lender's rights or of any of Trustor's obligations
<br />as to any future trensactions. Whanever the consent of Lender is raquired under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent mey be granted or withheld 'an the sole discretion of Lender.
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