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DEED OF TRUST Page 5
<br />Loan No: 426380063735 (Continued)
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<br />actions with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; Rg join in granting any easement or creating any
<br />restriction on the Real Property; and Is) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lander under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lander and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The Instrument shall contain, in addition to all other matters required by stale law, the names of the original
<br />Lender, Trustee, antl Truster, the hook and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors In interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all 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
<br />sale shall be given in writing, and shell be effective when actually delivered, when actually received by telefaremile runless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lander's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Traction, any notice given by Lander to any Truster is deemed to be notice given to all Trusters. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender. Notwithstanding the foregoing, the address for notice for Lender is
<br />Bank One, P.O. Box 901008, Fort Worth, T% 78101 -2008.
<br />IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located in Columbus, Ohio.
<br />NON- WAIVER. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br />party's right otherwise to demand strict compliance with that provision or any other provision.
<br />SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take a security interest in and retain a lien on
<br />that personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Deed of Trust Is
<br />filed of record as some may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real
<br />estate and no other personal property.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust
<br />Amendments. What is written In this Deed of Trust and In the Related Documents Is Tructor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Dead of Trust most be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in tic
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written cunsent of Lender.
<br />Governing Law. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
<br />Nebraska, except for matters related to interest and the exportation of interest, which matters will be governed by and interpreted in
<br />accordance with federal law (including, but not limned to, statutes, regulations, interpretation, and opinions) and laws of the State of
<br />Ohio. However, If there ever is a question about whether any provision of the agreement is valid or enforceable, the provision that is
<br />questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan
<br />transaction which is evidenced by this and other related documents has been approved, made and funded, and all necessary
<br />Documents have been accepted by Lender in the State of Ohio.
<br />Joint and Several Liability. All obligations of Truster under this Deed of Trust shall be joint and several, and all references to Truster
<br />shall mean each and every Truster. This means that each Truster signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Truster understands Lender will net give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing m give up o of Lender's rights, that does not mean Truster will not have to comply with the other provisions
<br />of this Deed of Trust. Truster also understands that If Lender does consent to a request, that does not mean that Truster will not
<br />have to get Lender's consent again if the situation happens again. Truster further understands that just because Lender cunsents to
<br />one or more of Truster's requests, that does not mean Lender will be required to consent to any of Toaster's future requests. Truster
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid o r should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust 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 Deed of Trust on transfer of Trustor's Interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Toaster, Lender, without notice to Truster, may deal with Truster 'a successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of
<br />Trust or liability under the 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
<br />State 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 Decd of Trust:
<br />Beneficiary. The word "Beneficiary" means Bank One, NA , and its successors and assigns.
<br />Borrower. The word "Borrower" means S DOUGLAS KUCERA and TERESA M KUCERA, and all other persons and entities signing the
<br />Note.
<br />Deed of Trust. The words "Deetl of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and includes without
<br />limitation all 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
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. I "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ('SARA "), the Hazardous Materials Transportation Art, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations 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
<br />default section of this Deed of Trust.
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