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200004253 obligations shall be imposed upon Trustee; (b) No provisions of this Deed of Trust shall require Trustee to expend or risk its own funds, or otherwise incur any financial obligation in the performance of any of its duties hereunder, or in the exercise of any of its rights or power; (c) Trustee may consult with counsel of its own choosing and the advice of such counsel shall be full and complete authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon; and (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its discretion or rights or powers conferred upon it by this Deed of Trust. 14. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 15. HAZARDOUS MATERIALS. Borrower shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or enviornmental protection (collectively referred to herein as "Enviornmental Laws ") Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any Enviornmental Laws (collectively reffered to herein as "Hazardous Materials "). Borrower hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the claims, damages, losses and liabilities arising in connection with the presents, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS AND BORROWER'S OBLIGATIONS, PURUSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 16. This Deed of Trust shall be binding upon the parties hereto and all their assigned and heirs. "Default shall also exist if any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetland to produce or to make possible the production of an agricultural commodity, further explained in 7 CFR Part 1940. Subpart G. Exhibit M." DATED this 3rd day of May, 2000. .x wa*wzrj,�," Randal Suck STATE OF NEBRASKA ) ) ss. COUNTY OF ADAMS ) t Adams County Bank TRUSTEE & BENEFICIARY/LENDER BY: Mark eise a tive Vice President The foregoing instrument was acknowledged before me this 3rd day of May, 2000 by Randal Suck and Barbara A Suck, Husband & Wife, in their own right, and they acknowledge the execution of the above Deed of Trust to be their voluntary act and deed. Notary STATE OF NEBRASKA A GENERAL NOTARY-State of Nebraska )SS 01116 JOHN A. HOHLEN COUNTY OF ADAMS ) My Comm. Ems. Nov 25, 2001 The foregoing instrument was acknowledged before me this 3rd day of May, 2000, by Mark Keiser, Executive Vice President of Adams County Bays, a Nebraska Banking corporation, on behalf of the corporation. ( Notary GENERAL NOTARY -State of Nebraska �� JOHN A. HOHLEN My Comm. Exp. Nov. 25, 2001