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DEED OF TRUST 200207324
<br />Loan No: 5792 (Continued) Page 3
<br />Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
<br />Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Truster such Notice
<br />of Default and Notice of Sale as then required by law and by this Dead of Trust. Trustee shall, without demand on Trustor, after
<br />such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been
<br />given as required by law, sell the Property at the time and place of sale fixed by it In such Notice of Sale, either as a whole, or in
<br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the
<br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or
<br />purchasers thereof its good and sufficient dead or deeds conveying the property so sold, but without any covenant or warranty,
<br />express or implied, The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any
<br />person, including without limitation Truster, Trustee, or Lender, may purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
<br />evidence of title in connection with sale, Trustee shell apply the proceeds of sale to payment of (i) all sums expended under the
<br />terms of this Dead of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest and late
<br />charges, (ii) all other sums than secured hereby, and (iii) the remainder, if any, to the person or persons legally entitled thereto.
<br />(c) Trustee may in the manner provitletl by law postpone sale of all or any portion of the Property.
<br />Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obllgabons secured by this Dead of Trust and to exercise all rights and powers under this Deed of Trust, under the Note,
<br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of
<br />such indebtedness and obligations secured by this Dead of Trust may now or hereafter be otherwise secured, whether by mortgage, dead of
<br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or
<br />pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's
<br />right to realize upon or enforce any Other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and
<br />each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such older
<br />and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or
<br />Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but each shall be cumulative
<br />and shall be in addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or in equity or by statute. Every
<br />power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise
<br />entitled, may be exercised, concurrently on independently, from time to time and as often as may be deemed expedient by Trustee or Lender,
<br />and either of them may pursue inconsistent remedies, Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a
<br />deficiency judgment against the Truster to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to
<br />spend money or to perform any Of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will
<br />not affect Lender's right to declare Truster in default and to exercise Lender's remedies.
<br />Request for Notice. Truster, on behalf of Truster and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved. and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion ere necessary at any time
<br />for the protection of its interest Or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shall bear
<br />interest al the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable 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, and fees for the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust;
<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 Trust has been accepted by Lender in the Slate of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS County,
<br />State of Nebraska.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Truser hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust;
<br />Beneficiary. The word 'Beneficiary" means FIVE POINTS BANK OF HASTINGS a Division of Hometown Bank, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means JUAN RICO and REFUGIO RICO, 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 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. ( "CERCLW), the Supedund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 ILLS Section 1801, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et 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 Deed 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 />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 Truster's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obligations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender' means FIVE POINTS BANK OF HASTINGS a Division of Hometown Bank, its successors and assigns. The
<br />words "successors or assigns" mean any person or company that acquires any interest in the Note,
<br />Note. The word "Note" means the promissory note dated July 11, 2002, in the original principal amount of $29,057.32 from
<br />Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations O( and substitutions for the
<br />promissory note or agreement. The maturity dale of this Deed of Trust Is July 5, 2005.
<br />Personal Property. The words "Personal Property mean all equipment, fixtures, and other articles of personal property now or hereafter
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