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200209332
<br />DEED OF TRUST
<br />Loan No: 1578020 (Continued) Page s
<br />of Sala under this Dead of Trust be malted to them at the addresses set forth in the first paragraph of this Dead 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 Lenders opinion are 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 el 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, Lenders attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit,
<br />Including aborneys'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 />Rights of Trustee. Trustee shall have all of the rights and dudes 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 Dead 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 />with respect to the Property upon the written request of Lender and Truster: (a) join In preparing and filing a map or plat of the Real
<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 David of Trust or the interest of Lender under this Deed of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth
<br />above, with respect to all or any pall of the Property, the Trustee shall have the right to foreclose by notice and Sale, and Lender will have Iha
<br />right to foreclose by judicial foreclosure, in either case In accordance with and 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 />Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hail County, State 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 beneficiaries 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 govern to the exclusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to 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 actually delivered. when actually received by telefacarrals (unless Otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed when deposited in the United Slates malt, as first class, earthed or
<br />registered nail package prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as Shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices untler this Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Truster agrees to keep Lender
<br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Truster, any notice
<br />given by Lender to any Truster is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Dead of Trust:
<br />Amendments. What IS written in this Dead of Trust and in the Related Documents is Trusters entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must 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 Deed of Trust are for convenience purposes only and are not to be used to interpret or deflne
<br />the provisions of this Deed 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 the Property at
<br />any time held by or for the benefit of Lender in any capacity, without the water, 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 Stale Of
<br />Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska.
<br />Joint and Several Liability. All obligations of Truster under this Deed of Trust Shall be joint and several, and all references to Truster shall
<br />mean each and every Truster. This means that each Truster signing below is responsible for all obligations in this Dead of Trust.
<br />No Waiver by Lender. Truster understands Lender will not give up any of Lender's rights under this Dead of Trust unless Lender does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions of this Deed of Trust.
<br />Truster also understands that if Lender tloes consent to a request, that does not mean that Truster will not he" to gat Lender's consent
<br />again if the situation happens again. Truster further understands that just because Lentler consents to one or more of Trustors requests,
<br />that does not mean Lender will be required to consent to any of Trustor's future requests. Truster waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severabllity. If a court finds that any provision of this Dead of Trust is not valid or should not be enforced that fact by itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Dead of Trust
<br />even if a provision of NIS Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transfer of Truster's Interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Truster, Lender, without notice to Truster, may rise l with Trustor's successors with existence to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Dead of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver Of Homestead Exemption. Truster 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 Deed of Trust.
<br />DEFINITIONS. The following words shalt have the following meanings when used in this Dead of Trust:
<br />Beneficiary. The word "Beneficiary" means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Ronald J. Willis and Lori D. Willis, and all other persons and entities signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Dead 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 Lewis. The wortls "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. (°CERCLA "), the Suf erfund Amendments and
<br />Reauthorization Act of 1986, Pub. L No. 99-499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1601, at seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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.
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