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200208979 DEED OF TRUST Loan No: 19639 (Continued) Page s Atlorleys 1-il Fees; Expenses. If t may judge reasonable wit or action a 'fee any of the tarns of appeal. Deed of Trust, Lander shall be entitled to r l,ed. such swn ex the court may adjudge reasonable as attorneys' lees al trial and upon any appeal, Whether re not any ss court action is Invoiced ancf to the extent not of the, of by law, all reasonable expenses Lander incurs that Ind in Lender's opinion are necessary at any time it toe Protection t. its interest or theta Of the ex of its rights 511x11 become a pad of the ed by this p payable in demand de, wi entl snail born, interest at bi Note rata from the data of the aw, Lenders until repaid. Expenses covered by this paragraph include, thereu, limilalion, however aubjed to and Il mils under applicable law. Lender's dings (in lees and efforts tLender's legal expenses, vacate any automatic or not there is a lawsuit, Inciodmg ad am, anticipated lees and expenses far hen &ectio pacae th ( ost of s orbits r modify or vacate any oma(!in slay or forecl see appeals, and arty reprts pmtp Judgment al title srance, , id cost of searching records, obtaining milt d by reports (including foreclosed Tru for ruporis), sdr +eyors' reports, and appraisal leas, Gllo Insurance, entl lees for the Trustee, to the extant permilletl by applicable law. Trustor also will pay any court Goats, In addition to all other sums provided by law. Rights of Trustee. Trustee shall nave all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of I Powers of Trustee. In addition to ell powers of Trustee arising as a maller of law, Trustee shall have the power to take the following actions with respect to an Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Foal Property, including the dedication of ::beets or other rights to the public; (b) loin in granting any easement or creating any restriction on the Heel Property; and (c) join in any subordination or other agreement aHocling this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meal all quaHicateas required for Trustee under applicable law. In addition to the rights and remedies at forth above, with respect to all or any pad of the Properly, the Trustee shell have the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument Manuel and acknowledged by Lender and recorded in tire office of the recorder of Hell County, Stale of Nebraska. The instrument shall contain, in addition to all other matters required by stale law, the names of the original Lender, Trustee, and Truster, Iho book and page (or computer system reference) where this Dead of Trust is recorded. and the name and address of the successor trusloa, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead Dead of Trust or their successors in Interest. The successor trustee, houl conveyance of the Properly, shall Succeed to all the title, power, and duties conferred Upon Ina Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exoluson of all other p,ovislons for substitution. NOTIr.ES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually n •elved by lelefacsimile (unless otherwise required by law), when deposited with it nationally recognized overnight courier, or, it mailed, when deposited in the United Slates mail, as first class, codified or regis!ored mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure 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 of Trust. Any person may change his or her address Or notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the rolled Is to change the person's address. For notice purposes, Truster agrees to keep Lender n'drmed at all times of Trucial cwrent address. Unless otherwise provided or required by law If there is more than one Truslor, any notice li ,n by ',ender to any Trustor is deemed to be notice given to all Treaters. It will be Trn star's responsibility to tell the others of the notice from tOnIr, IWISCELLAPIF_OUS PROVISIONS. The fallowing miscellaneous previsions are a part of his Dead of Trust: Amend hams. Vlf gat L vlihe In this Dead of Tival and in the Related Documents Is Trustor's entire agreement with Lando, concerning the n If ,• covered by Ire, nc,a of 'Trust. To be ollaotivo, any change or amendment to INS Dead of Trust must be in writing antl must be sigrc :i by vrhaevor win b e r,. r I ar obllgaled by the change or amendment. ceptioo Headings. Cop;ien moan I,: this Deetl of Trust are for convenience purposes only antl era not to be used to interpret or opine I:,a Prazldons of this Deed of bust. Iderger. Thew shall On no merger of the estate created by this Dead of Trusl with any other injured or estate in lire Property at any time hold by Or for the benefit of Lentler m a- v cdp'"etly, without the written consent Of Lender. Boveming LOW, This Deed of Trust will be gove,nee by and interpreted In accordance with federal taw and the laws of the State of Nobrnske. This Deed of Trust hes been accepted by Lentler m the Slate of Nebraska. Choice of Venue. 11 Ihero Is a lawsuit. Truster agrees upon Lemlar ,request to cabal to the jurisdiction of the courts of Merrick County, Slats of Nebraska. No Waiver by Lender. Truslor understands Lender will not give up any of Lend ohints under this Deed of Trust unless Lender tloes so in wring, The fact thal Londe, delays or omits to exercise any right will not mean lual .ondor has given up that nghl. If Lender does agree In writing to give up one of Lender's rights, [flat does nut mean Truslor will not have to comply with the other provisions of this Deed of Trust. Trasror, also understands that if Leader does cansenl to a adjust, that does not mean that Trusts; will not have to get Lender's consent again if the situation happens again. Trustor turner understands that just because Lender consents '.r To or more of Trustor's requests, hat dues nut mean Lender will be required to consent to any of Taster's future requests. Truslor i l lU :,: enlmanl, demand for payment, prolasl, and notice of dishonor. Sevembfllty. If a COLA finds that any provision ul this Dal of Trust Is not valid or should not be enforced, that facl of itself will not 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 or has Dead of Trust twee If a onivlsion of this Decd of Trust may be found to be invalid or unenforceable. Successors and Assigns. Sadao fe any limaaaon, staled In this Dead of Trust on transfer of Trusloh Interest, this Deed of Lust slmn be Finding span and in:ve to the benefit of the parties, their successors and assigns. If Ownership of the Property becomes vested in a poaori other than Truslor, Lontlor, without notice to rose, may deal with Trudor's successors with reference to this Deed of Trust antl the : ndehlndnass by way of forbdaance or extension without releasing Trustor from the obligations of this Dead of Trust or liability under the ird OW:cf 01S 'r dna is of the Essence. Time Is of :he ossencro in the padonnaneo of this Doed of Trust. Waiver of Homestead Exernpilon. Truster h^roby roleasos and waives all rights and benefits of the homestead exemption laws died State tindra_ka ns dal Indobindness soa:vod dy Ibis read cf Trust. OFI INR'IONS. To fallowing words shali have bra allowing meanings when used In his Deed of Trust: 0enefimary. The word "Bar :,Barony" moans Farmers Stan Bank, and Its successors and assigns. Borrower. Thin word "BOnower" means Mauncio Garcia, and all other persons and entities signing the Nolo. Deetl of Trust. '(he we,tls "Dead of Trust" in an this Deed of Trust mnong Truster, Learn, and Trustee, and Includes without limitation all assigns ort and seourlty interest prnmsions relating to the Porsonal Property and Reels. Environmerdal Laws. The words "EOVtmnmemat Laws" mean any and all state, federal and local datutes, regulations antl ordinances III,nifig to th,e protection of human health ci the environment, including without limitation the Comprehensive Environmental Response, Cnrnnensaiian, and Gablllty AM of 1960, as amended. 42 U.S.C. Section 9601, of seq. ( "CERCI.A")„ the Superfund Amendments and Reanlhdnzabon Act of 1906, Pub, I.. No. 9f99 ( "SARA'), the Hazardous Materials Transportation Act, 49 LLS.C. Section fill at seq., the Romance Conservation and Recovery Act, 42 U.S.C. Section 6901, al seq., or other applicable stale or federal laws, rules, or regulations adopted p, suall thereto. Event of Default, The words "Event of Default" mean any of the events OF default set Odin in this Dead of Trust in the events of default suction of the Deed ofTnrsL Guarantor. The word "Guarantor means any guarantor, surely, or accommodation party of any or all of the Indebledness.