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DEED OF TRUST 200306686
<br />Loan No: 29398 (Continued) Page 5
<br />with respect to the Property upon the written request of Lender and Trustee (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the fights and remedies set forth
<br />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 will have the
<br />right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
<br />Succeaaer Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hell County, State of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the anginal Lender. Trustee, and
<br />Truster, 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 telefacslmlle (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mall, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's 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, Truster agrees to keep Lender
<br />informed at all times of Truster's current address. Unless otherwise provided or required by law, if there is more than one Truster, any notice
<br />given by Lender to any Truster is deemed to be notice given to all Trusters. It will be Trustor's responsibility to tell the others of the notice from
<br />Lender.
<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 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. There she be nomeyer of the interest er estate created by this Deed of Trust with any other interest or estate in the Property at
<br />any time held by or for thebena(t of Lender in any'eapadty, without the written consent of Lender.
<br />Governing Law. This Oged of Trust will be. governed by and Interpreted In accordance with federal law and the laws of the State of
<br />Nameske. This Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />No Waiver by Lender. Truster understands Lender will not give up any of Lender's rights under this Dead 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 Lenders rights, that does not mean Trustof will 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 Truster will not have to get Lenders consent
<br />again if the situation happens again. Truster further understands that just because Lender consents to one or more of Truster's requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severablllty. If a court finds that any provision of this Dead of Trust is not valid or should not be enforced, that fact by Itself will not mean
<br />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 Dead 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 Deed of Trust on transfer of Trusters Interest, this Deed of Trust shall be
<br />binding upon and Inure to the benefit of the parties, their successors and assigns. It ownership of the Property becomes vested In a person
<br />other than Truster, 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 I$ of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any =lion, proceeding, or counterclaim
<br />brought by any parry against any other party.
<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 ell 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 Exchange Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Sherrie Rathman, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, 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 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 Supedund Amendments and
<br />Reauthonzation Act of 1986, Pub. L. No. 99 -499 ( "SARA"), the Hamrdous 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 Dead of Trust in the events of default
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a guaranty of all or part of the Note.
<br />Hamrdous Substances. The words "Hazardous Substances' mean materials that, because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or pose a present or potential hamrd to human health or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hamrdous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by- products or any teacher thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. 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 substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations of expenses incurred by Trustee or
<br />Lender to enforce Trusters obllgaHans under this Dead of Trust, together with interest on such amounts as provided in this Dead of Trust.
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