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DEED OF TRUST 200207458
<br />Loan No: 774576 (Continued) Page 7
<br />State of Nebraska. The Instrument shall der"no, in addition to all other matters requiretl by state low, the names of the original
<br />Lendeq Trustee, and Truster, the book and page (or computer system reference) where this Dead of Trust a recorded, and the Dame
<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 titl,
<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 all other provisions for substi Wtion_
<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 re ved by telefacsimlle )unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, whorl deposited in the United States mail, as
<br />first bass, certified or registered mail postage prepaid directed to the addresses shown near the beginning of this Dead of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Dead 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 person's address. For
<br />notice purposes, )rester ayrees to keep Lender informed at all times of Truster 'a current address. Unless otherwise provided or required
<br />by law, if there is more then one Trustor, any notice given by Lender to any Trustor Is deemed to be nonce given to all Trusters. It will be
<br />Tensions responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions era apart of this Deed of Trost:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Decd 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 Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Dead of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other 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 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 there is e lawsuit, Trustor 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 Trustor under this Dead of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Iruster. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lentler's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that I. ender delays or omits To exercise any right will not mean that Lender has given up that right. If Lender
<br />does ayree Ir writing to give up u of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again it the situation happens again. Trustor further understands that lust because Lender constants to
<br />.ad or more Of Trustor', requests, that does not mean Lender will be required to consent to any of Truster 'a future requests. Treanor
<br />waives presenhaentr demand fur payment, protest, and notice of dishonor.
<br />Severability. If 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 Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a prevision 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 Tructoi s Interest, this Decd of Trust
<br />shall be, binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vatted in r peand other than Trustor, Lender, without notion to Trustor, may deal with Trustor f successors with reference to d of
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of
<br />Trust or liability antler the Indebtedness.
<br />Time is of the Essence. Time. Is of the essence in the performance of this Dead of Trust
<br />Waiver of Homestead Exemption. Trustor 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 Deed of Trust.
<br />DEFINITIONS. The fallowing words shall have the following moarlmgs when used In this Deed of Trust:
<br />Beneficiary, The word "Beneficiary" means Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means ROGER A CLINE and ELIZABETH E CLINE, and all other persons and entities signing the
<br />Note.
<br />Deed of Trust. The words "Deed of Trust' mean this Deed of Trust among Truster, Lender, and Trustee, and includes wlthcut
<br />Ilmltation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words ' bovironewmal Laws" mean any and all state, federal and local statutes, regulations sad ortlicands,
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Fnvironmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA 'I, the Superfund
<br />Amendments and Reauther,ation Act of 1986, Pub- L No.99 -499 1' SARA "I, the Hazardous Materiels Transportation Act, 49 U.S.C.
<br />Section 1801, or seq., the Resource Conscrvollon and Recovery Act. 42 U.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations 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
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