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DEED OF TRUST
<br />Loan No: 1677350 (Continued) 200304275 Page 5
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys fees at trill and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prahiLited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its Interest or the enforcement of Its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rate from the dale of the expenditure until repaid. Expenses covered by
<br />this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
<br />to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment callecban services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Truster also will pay any court casts, in addition to all other sums
<br />provided by law.
<br />Right. 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 part of this
<br />Deed of 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
<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; (bl loin in granting any easement or creating any
<br />sasulctlan cn the f eYi "ruprer y; ausj, To, power ir, arty armiJ disdual or color agruemu t e;�. ling$ as Deed of Trust or the interest of
<br />Lender 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 pan 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 muliduil 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 Kme 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 Truster, the book 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 ail 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 shall be effective when actually delivered, when actually received by telefr simile (unless 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 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 persona address. For
<br />notice purposes, Truster agrees to keep Lender informed at all times of Truslor'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 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.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Aa+nishre ntc. Whs: vs :zf tten c D },zi .rf ',t and: ei ' k_ %eiral ad :....ur `5 c. T::e v y b•n. :- 0!ee'•,;nr x'm Lxlp : :r
<br />concerning the matters covered by this Deed of T rust I 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 Heading.. Caption headings in this Deed of Trust are for convenience purposes only and are nft 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 ether 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 Dead 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 Transient 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 Tmstor under this Deed of Trust shall be joint and several, and all references to Transfer
<br />shall mean each and every Truster. This means that each Trustor signing below is responsible for all obligations In this Deed of Trust.
<br />No Waiver by Lander. Truster understands Lender will not 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 to give up one of Lender's rights, that does not mean Theater will not have to comply with the other provisions
<br />of this Deed of Trust. Tractor also understands that if Lendel-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 consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. It 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 Dead of Trust will not be valid of enforced. Therefore, a court will enforce the rest of the provisions of thin
<br />Deed of Trust even if provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successor. and Assigns. Subject to any limitations stated in this Deed of Trust on transfer cf Trustor's interest this Deed of Trust
<br />-shall be binding coon and Inure to the bent.'t . of•ibe posit, Nair sdlceaplrs and sW ra. it ownership of the Property becomes
<br />wasted in a person other than Dustm, Lendoi, without notice is Trus :or, may deal with Tructe:w's successors wits reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extern on without releasing Truster from the obligations of this Deed of
<br />Trust or liablllty 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 Dead of Trust.
<br />DEFINITIONS. The fallowing words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary' means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means JOSEPH D LAW and WENDY S LAW, and all other persons and entities signing the Credit
<br />Agreement.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated April 3, 2003, With credit limit of
<br />$30,000.00 from Truster to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is April 3, 2008.
<br />Deed of Trust. The wards "Deed of Trust" mean this Deed of '.rust among Trustor, 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 stale, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
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