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DEED OF TRUST
<br />Loan No: 28878 200300882 (Continued) Page a
<br />appeals, and any anticipated post — judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, In addition to 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 are pad of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) loin in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies sat forth
<br />above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notiee and sale, and Lender will have the
<br />right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee. Lender, at Lender's option, may ham time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, State of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and
<br />Truster, the book and page (or computer system reference) where this Deed of Trust Is worded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead of Trust or their
<br />successors In Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Truster agrees to keep Lender
<br />informed at all times of Trusters current address. Unless otherwise provided or required by law, if there is more than one Truster, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trusters. It will be Trustor's responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Dead of Trust and In the Related Documents is Trustor's entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be In writing and must be
<br />signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption hearings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define
<br />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 estate In the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing I TB a Pali I nod by and Interpreted In accordance with federal law and the laws of the State of
<br />Nebraska. TTils Dead of "t NaaJAIA y/c late by by In the State of Nebraska.
<br />State of Nebragkg.,, �.. ,`:R, It r s upon Lender's request to submit to the jurisdiction at the courts of Buffalo County,
<br />Choice of Ven Ihb e^I e
<br />No Waiver by Lender. Truster understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that fight. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions of this Deed of Trust.
<br />Truster also understands that if Lender does consent to a request, that does not mean that Truster will not have to get Lenders consent
<br />again if the situation happens again. Truster further understands that lust because Lender consents to one or more of Trusterss requests,
<br />that tloes not mean Lender will be required to consent to any of Trusters future requests. Truster waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced, Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />even If a provision of this Dead 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 Trusters Interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Truster, Lender, without notice to Truster, may deal with Trusterss successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster ham the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truster hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used In this Deed of Trust:
<br />Beneficiary. The word "beneficiary" means Exchange Bank, and its successors and assigns.
<br />Borrower. The word Mellower' means Wandall Stutzman, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Dead of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and Includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 5601, at seq. ( "CERCLA "), the Superlund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations
<br />adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default
<br />secfien of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a guaranty of all or pad of the Note.
<br />Hazardous Substances. The words " Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious charactenstics, may cause or pose a present or potential hazard to human health or the en*onment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum
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