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DEEDOFTRUST 20020702
<br />Loan No: 19454 (Continued) Page 5 of
<br />not affect Leon,,, f,In! In declare Tmstbr'm default cad to exercise Lenders marre ices.
<br />Request an Notice. Truster, on behalf of Truster and Lentleq hands requests I h a I a copy d o n ] Notice of Default and a copy of any Notice
<br />of Sels under this Deed of Trust be mailed to Them at the addresses set one In the first parepreph of this Deed Of Trust,
<br />Attorneys' Fees: Expen %s. If Lender fhailules any suit or action to enforce any of Ib lams of this Deed of Tryst. Lender shall be entitled
<br />to recover soon sum as the court may edjudge reasonable as attorneys' fees at tea: and :pen any appeal. Whether or not any court action fs
<br />n,.I,.d, and to The extent ral Fphita ll by law, all reasonable expenses Lender :nears that Ia Lender's opinion era necessary at any load
<br />for the protection of Its Interest or the emoreement of its rights shall become b lei of the Indebtedness payable on demand end shall bear
<br />,knot at the Nate rate from Iha data of the expenditure until repaid Exerasm covered by to paragraph include, without limitation,
<br />however subject to any limits ender applicable law, Lenders attorneys' fees an: I There's legal expanses, whether or not there Is a lawsuit,
<br />including attorneys fees and expenses for bankruptcy proceedings (including -.Ports to modify or vacate any automatic slay or Inludelon),
<br />appeals, and any anticipated pos!— judgment research earners, the cost of s•srahing records, obtaining title reports (including foreclosure
<br />report5), sroeyse moors. Dad appraisal lads. He Insurance, and fees fur the ;resist, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, In edition to ell other sums compact by law.
<br />Rights of Trustee. Trustee shall nave all of the rights and dolies 01 Lander as It firth In Ihis secllon.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following Odmaians relating to the powers and obligations of Trustee are part of this Deed of
<br />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 actions
<br />wilt respect to the Property upon the written request of Lander and Truster: (a) join ,a preparing and tiling a map or plat of the Real
<br />Pro, ", ordering the domerfiion of streets or other rights to The public; to) join In granting any easement or creating any restarton on the
<br />Real Property; and (c) fain In any subardin ition 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 ... haf cefigre required for Trustee under applicable law. In So Mien Id the rights and reniedes at fotlh
<br />.boar, with respect to ell or any part of the Property. he Trustee shall have the right to foreole% by notice and sale, and Lender will have the
<br />right 10 foreclose by laid San foreclosure, In either case in accordance with and to the full extent provided by applicable few.
<br />Successor 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 Lander and recorded In the oMCa of the recorder of Hell County, Stale of
<br />Nebraska. Th. Instrument shall contain, in i dailion to all other mailers required by slate law, The names of the original Lender, Trusts, and
<br />Truster, The book and page (or computer system reference) where this Deed of Trust Is Rcorded, and the name and address of the
<br />successor Trustee, and the Instrument SI be executed and ecke.wledned by all the mmdbkhmd under this Deed of Trust or Ihalr
<br />Upon IMO Trustee In this Dead Of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the excfuston of ell
<br />other provisions for sub5111UGon
<br />NOTICES. Any notice required 10 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 affair delivered, when actually received by telefaTSfmfle finings otherwise required by
<br />offer deposited with it nationally recognized overnight Tourist, or, II mailed, when deposited in the United States mail, as first clan, certified or
<br />registered mail pasta,. C,.pald directed to the addresses shown near the beginning of this Deed of Trust. All copies of no des of foreclosure
<br />from the holder of any lion which has or'city over This Dead of Trust shall be sent to Lenders address, as shown near the beginning of this Deed
<br />of Trost. Any person may change his or her address for nallcse under this Deed of Trust by slain, forme! wdhan notire to the other person or
<br />parsons, specifying that the purpose of the notice is to change the parcoua address. Fiat notice purposed. Trustee agrees to keep Lender
<br />informed at all times of Trustees current address. Union othervisa provided or required by few, If there Is more than one Trustan, any notice
<br />given by Lander to any Trustor is doomed to be notice given to ak Truslors. It will be Truslor's responsibility to fell the otters of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provferans are a part of this Deed of Trust:
<br />Amendments. What Is written In this Deed of Trust and in the Related Documents is Truster's entire agreement with Lender concerning the
<br />matters covered by Th, Ladd of Trust. To be efledive, any change or amendment to this Dead of Trust most be In whit and must be
<br />sighed 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 peal only and are not to be used to interpret W define
<br />the prav!s!oos of this Deed or Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Dead of Trust with an; other Interest or en to In the Property at
<br />day from hold by or for the benefit of Lrbu ar In any capacity, without the wailer consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by and Interpreted In accordance with federal feel and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lender In the Slate of Nebraska.
<br />Chi of Venue. II them Is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Memek County,
<br />Slate al Natlmaka.
<br />No Waiver by Lender. Trusfor understands Lentler will nol0ive up any of Landers rights under this Deed of Trust unless Lender does so In
<br />writing. The fact that Lender delays of omi!s to exeroi;e any tight will not mean that Lentler has given on that right. If Leader does agree In
<br />writing to give up ore of Lenders rights, that does not mean Truster will not have to comply with the other previsions of this Dead of Trust.
<br />Truster also understands that II Lender does consent to a reauesl, that coos not mean that Trusser will not have to gal Lenders consent
<br />again If the situaflore happens again. Tutor further underelaeds that just because Lander Eons.nI to acre or mum of Truelove mu.N,
<br />that does net mean Londe, will be occurred Id odmsdm to any of TrusbPs Future cents . Truster waives pre%nnmen4 demand for payment,
<br />protest, and nonce of dishonor.
<br />Seversblllty. If a court fords that any provision of This Dead of Trust Is not vend or should not be enforced, that fact by itself will not mean
<br />that the rest of this Deed of Trust will not be ¢slid or enforced. Therefore, a court will fromorV the rest of the prodsnow of Ibis Dead cl Trust
<br />even it a provision of this Deed of Trust may be found to be Invalid or unenforceable.
<br />Sacceavere and Aasight. 5ubjad to any Il mutters stated In Ibis Deed of Trust on transfer of Truster's Interest, IMS Dead of Trust shall be
<br />binding upon and Inure to the bereft of the panics, their wccessbrs and assigns. If ownership of the Properly becomes vested is a person
<br />other Tom Turner, Lender, without notice to Truslpr, may deal with TrustWS auccesWR wit reference to this Deed of Trust add the
<br />Indebtedness by way of forbearance or eNension without rzleaging Trusfor tram the obligations of This Dead of Trust or flaunty under the
<br />Indebtedness.
<br />Time is of the Essence. —free is of The essence In the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Trusfor hereby releases and waives all rights and benefits of OR homgslond exemption !awe of the Slate
<br />of rrobraska Th to as Indeblsc'noo, secured by this Dead of Tu,L
<br />DEFT NITIONS. The lots I ng words Shan have The following meanings when used In this Dead of Truss:
<br />Benef clary. The word eene0cfary" means Farman Slate Bank. and Its successors and assfgns.
<br />Borrower. The word 'Borrower means Elmer Cuevas, and ell ether persons and shines signing the Nolo.
<br />Used of Trust. Thin wcuts'Dead of Tug^ mean this Deed of Time[ among Tnrd, Lander, and Trrlee, end includes without limitation fill
<br />crop nmenl red security into est provisions romrng to The Personal Properly and Roots.
<br />Environmental Laws. The words " hvirommmnal Laws' thew any and all stela• sedoml and local steNtes, roperatonz and anticancer,
<br />mine, In the protector of human brain or The rormurnmorm, Includmg without lim!latlen the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended. 42 US Saone, neat al son r FICSA'). the Sup rmund Amendments and
<br />Redecoration Act of ISK Pub. L No. 9geGS ('SARA'). the Hazardous Materials Transportation Act, 49 USG Scratch 1801, at sea., the
<br />Reamers Conservation and Recovery Act, 42 US. C. Section 6901, of seq., or other applicable stale or federal laws, men, or rig uietied,
<br />adopted pursuant Iherefo.
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