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DEED OF TRUST
<br />Loan No: 776792 200302284 (Continued) Page
<br />Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed 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, codified 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 />hem the holder of any lien which has priority over this Deed of Trust shall be sent to Landers 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, Trustor 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 Trustor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trustms. It will be Trustm'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 Deed of Trust and in the Related Document 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 Dead 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 headings 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. Thera shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate is 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 Law. This Deed of Trust will be 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 Lender 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 Hall County, Slate
<br />of Nebraska
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<br />Joint and Several Liability. All obligations of Banterer and Trustor under this Deed of Trust shall be joint and several, and all references to
<br />Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This means that each
<br />Borrower and Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor 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 right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Trustor wilt not have to comply with the other provisions of this Dead of Trust.
<br />Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that lust because Lender consents to one or more of Truser's requests,
<br />that does not mean Lender will be required to consent to any of Truster's future requests. Trustor 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 Used of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the pro"ions of this Deed of Trust
<br />even if a provision of this Deed of Trust may be found to be Invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Used of Trust on transfer of Trustor's 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 Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Dead 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. Trustor 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 Deed 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 Five Points Bank, and Its successors and assigns.
<br />Borrower. The word "Borrower" means ROGER C KISER and KAY L ENYEART and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lander, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Lewis. 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 9601, at seq. ( "CERCLA "), the Supertund Amendments and
<br />Reauthonzation Act of 1986, Pub. L. No. 99-099 ( "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 sat forth in this Dead of Trust in the events of tlefeult
<br />section of this Deed of Trust.
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