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DEED OF TRUST 200302824
<br />Loan No: 776890 (Continued)' " Page 7
<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 />Sueeeaact 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 Lender 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 state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page for 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 Used
<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 />Sele shall be given in writing, and shall be effective when actually delivered, when actually received by talefacsimile (unless otherwise
<br />required by (awl, when repainted with a nationally recognised overnight courier, or, if mailed, when deposited In the United States mail, as
<br />first class, certified or registered mall 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 Lender'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, Turner agrees to keep Lender informed at all times of Trusmr's current address. Unless otherwise provided or required
<br />by law, if there is more than one Truster, any notice given by Lender to any Trustor is deemed to be notice given to all Trusters. It will be
<br />Trustei s responsibility to tell the others of the notice from 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 Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must 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 fur 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 the
<br />Property at 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 Dead of Treat hea bean accepted by Leader in the State of Nebraska.
<br />Choice of Venue. If there Is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Truster under this Dead of Trust shall be joint and several, and all references to Toaster
<br />shall mean each antl every Trustor. This means that each Truster signing below Is responsible for all obligations In this Deed of Trust.
<br />No Waiver by Lander. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The tact 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 one of Lender's rights, that does net 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 Toaster will not
<br />have to get Lender's consent again if the situation happens again. Treater further understands that lust because Lender consents to
<br />one or more of Truster 'a requests, that does not mean Lender will be required to consent to any of Trusror'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 or 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 he 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 Trustor. Lender, without notice to Trustor, may deal with Trus'ter's 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 Dead of Trust:
<br />Beneficiary. The word "Beneficiary' means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Burrower' means LFE C NIELSEN and CHERYL L NIELSEN, 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, Lender, and Trustee, and includes without
<br />imitation 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 />Responsq Compensation, and Liability Act of 1980, as amended, 42 11.S.C. Section 9601, at aeq. ( "CERCLA "1, the Superfund
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