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DEED OF TRUST
<br />Loan No: 10147 (Continued) 200302004 Page
<br />such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's
<br />right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lander or Trustee in such order
<br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised. concurrently or independently, from time to time and as often . as may . be deemed expedient by Treated or Lender,
<br />and either of them may pursue inconsistent remedies. Nothing in this Dead of Trust shall be construetl as prohibiting Lender from seeking a
<br />deficiency judgment against the Truster to the extent such action is permitted by law.
<br />Election of Remedies. All of Lenders rights and remedies will be cumulative and may be exercised alone or together. If Lender decided to
<br />spend money or to perform any of Truster 'a obligations under this Deed of Trust, after Truster's failure to do so, that decision by Lender will
<br />not affect Lenders right to declare Trustor in default and to exercise Lender's remedies.
<br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under Nis Deed of Trust be mailed to Mem at the addresses set form in the first paragraph of this Dead of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of Me terms of this Deed of Trust, Lender shall be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
<br />for the protection of its interest or the enforcement of Rs rights shall become a part of Me Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaitl. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's attorneys fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' face and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated past- judgment collection services, Me cost of searching records, obtaining tole reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for Me Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in addition M all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust.
<br />Governing Law. This Dead of Trust will b , governed by and interpreted in accordance with federal law and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lander in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS County,
<br />State of Nebraska
<br />Time is of the Essence. Time is of the essence in Me 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 Dead of Trust
<br />Beneficiary. The word "Beneficiary' means FIVE POINTS BANK OF HASTINGS, and its successors and assigns.
<br />Borrower. The word "Borrower" means RICHARD A RAIL and RHONDA S RAIL, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean Mis Dead 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 wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to Me protected 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 9601, at saq. ( "CERCI-N), the Superfund 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 />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of
<br />Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, iincluding without
<br />limitation a guaranty of all or part of Me Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes all on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Intlebtetlness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and subsiutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Truster's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lander. The word 'Lander' means FIVE POINTS BANK OF HASTINGS, its successors and assigns. The words "successors or assigns"
<br />mean any person or company that acquires any interest in the Note.
<br />Note. The word "Note" means Me promissory note dated February 12, 2003, In the original principal amount of $3,540.50
<br />from Trustor to Lender, together with all renewals of, extensions of modifications of, refinancings of, consolidations of, and substitutions for
<br />the promissory note or agreement. The maturity date of this Dead of Trust is March 1, 2006.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br />owned by Trustor, and now or hereafter attached or affixes to the Real Property; together with all accessions, pads, and additions to, all
<br />replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br />proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively Me Real Property and Me Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
<br />agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
<br />Property.
<br />Trustee. The word "Trustee" means Five Points Bank of Hastings, whose address is P.O Box 55, Hastings, NE 68902 -0055 and any
<br />substitute or successor trustees.
<br />Truster. The word " Trustor" means RICHARD A RAIL and RHONDA S RAIL.
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