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DEED OF TRUST
<br />Loan No: 34233 200206188 (Continued) Pages
<br />for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph molude, without limitation,
<br />however subject M any limits under applicaba law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, antl fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />Rights 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 Deed of
<br />Trust:
<br />Power W Thadee. In addition to all powers of Trustee arising as a matter of law, Trustee shalt have the power to take the following actions
<br />With respect to the Property upon the written request of Lender and Trustor. (a) jam In preparing and fling a map or plat of the Fact
<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 Dead of
<br />Trust
<br />Trustee. Trustee shall meet all quantizations required for Trustee under applicable law. In atldfiion to the rights and remedies set forty
<br />above, with respect to all or any pad of the Property, the Trustee shall have the right to foreclose by nonce and sale, and Lender will have the
<br />right to foreclose by judicial foreclosure, in elmer case in accordance with antl to the full extent provided by applicable law.
<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 Lender and recorded in the office of the number of Hai! County, Stale of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original 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 benefclades under this Dead 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 govem to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including wiinout 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 toefacsimle (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, If malled, when depostietl in the United Steles mail, as first class, comfied or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copes of notices of foreclosure
<br />from the holder of any !!en which has priority over this Deed of Trust shall be sent to Lentlere address, as shown near the beginning of this Dead
<br />of Trust.. Any person may charge his or her address for notices under this Dead of Trust by giving formal written nonce to me other person or
<br />persons, speciying that the purpose of the notice is to change Me Person's address. For notice purposes, Trustor agrees to keep Lender
<br />informed at all times of Truamr's current address. Unless otherwise provided or required by law, If there is mom than one Trustor, any notice
<br />given by Lender to any Trustor Is deemed to be notice given to all Truslors. It will be Trustor s responsibility to tell Me others of me notice from
<br />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 Trustors entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust To on effective, any change or amendment to this Deed of Trust most 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 usod to Intarpmt or define
<br />the bmiskns of MIa Dead of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Dead of Trust with any other interest or estate in Me Property at
<br />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 Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />Choice of Venue. If Mere is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of bill County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, end all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below is responsible for at obligations In this Deed of Trust
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lander does so in
<br />writing. The fact that Lender delays or omits to exeroise any right will not mean Mat Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lenders rights, Mat does net mean Trustor will not have to comply with Me other provisions of this Dead of Trust.
<br />Trustor also understands that if Lender does consent to a request, Mat does not mean Mat Trustor will not have to get Lenders consent
<br />again It the situation happens again. Trustor further understands Mat lust because Lender conserrts to one or more of Torsion's requests,
<br />Mat does not moon Lender will be required to consent to any of Trustors future requesb. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severdbility. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, not fact by Itself will not mean
<br />Mat the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce Me rest of the provisions of this Dead of Trust
<br />even H 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 Mis Deed of Trust on transfer of Trucial's interest, Mis Deed of Trust shall be
<br />binding upon and more to Me benefit of Me parties, their successors and assigns. If ownership of Me Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Trui may deal with Trustors successors with reference to this Deed of Trust and Me
<br />Indebtedness by way of forbearance or extension without Scanning Truslor from the obligations of this Dead of Trust or liability under Me
<br />Indebtedness. -
<br />Time Is of the Essence. Time is of the essence In Me performance of this Dead of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits . of the homestead exerfiption laws of Me State
<br />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 Mis Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Bank of Clarks, and its successors and assigns.
<br />Borrower. The woo "Borrower" means Brooke J. Fitts and Donne Eilts, 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 Lava. The words "Environmental Laws" mean any and ell state, faders! and local statutes, regulations and ordinances
<br />relating W the protection of human health or Me onvirmirent, including without limitation Me Comprehensive Environmental Response,
<br />Compensation, antl Liability Act of 1980, as amended, Q U.S.C. Section 9801, of seq. ( "CERCLWL the Supedund Amendments and
<br />Reauthorization Act of 1886, Pub. L. No. 99-493 ( "SARA "), Me Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., Me
<br />Resource Conservation and Recovery Act, 4 U.S.C. Section 6901, at seq., or other applicable state or federal taws, rules, Or regulations
<br />adopted pursuant thereto.
<br />Event of Default The words "Event of Default' mean any of Me events of default sat form in this Dead of Trust in Me events of defa It
<br />section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deetl of
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