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DEED OF TP.LIST Loan No: 19659 200209653 (Continued) Page 5 of Salo under als Dead of Trust be mailed to them aline addresses sal forth in the kM paragraph of Ihis Deed of Trust. Attorney(' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lander shall be entitled to recol ar such sum as the court may adjudge reasonable as attorneys' lee^, at flat and upon any appeal. Whether or not any court actions involved, and to the extent riot prohibited by law, all reasonable expenses Lender incurs that In Lenders opinion are necessary at any time for the projection of its interest or the enforcement of its fights shall become a pad of the Indebtedness payable on demand and shall bear interest =1 the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, It suoiect to any limits under applicable law, Lenders alternate' fees and Lender's legal expenses, whether or not there is a lawsuit, including pttornays' foes and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or injunction), appeals, and any anticipated post - judgment reelection Services, the cost of searching records, obtaining title reports (including foreclosure monde), surveyors reports, and appraisal fees, title insar :n.6, and fees for the Trustee, to the extent permitted by applicable law Truster also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have 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 pad of this Dead of Trust: 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 wok ro p ct to :he Property upon the written request aL Lender and Truser: (a) loin in preparing and filing a map or peal of the Real Property, including the dedication of streets or other rights to the public; (b) loin in granting any easement or creating any restriction on the Real Proporty; and (c) jai, in any subordination or other agreement affxling this Deed of Trust or the interest of Lender under this Dead of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall 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. Lander, 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 executed and acknowledged by Lender and recorded in the office of the recorder of Hell County. State of Nebraska. The Instrument shall contain, in addition to all other markers required ty state low, the names of the original Lender, Trustee, and Truster, the book and page (or computer system reference) where Ihis Deed of Trust Is recorded, and the name and address of the successor trusts., and the inStrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution at Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Dead 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 received by telefacsimlle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, It mailed, when deposited in the United States mail, as first class, codified or registered nail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the hostler 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 of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Truslar agrees to keep Lander Informed at all times of Trusters current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lander to any Truster is deemed to be notice given to all Trusters. It will be Trusters responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscusaneous provisions are a pad of this Deed of Trust: Amendments. What is writer, In this Deed of Trust and in the Related Documents Is Truster's entire agreement with Lender Concerning the matters covered by Ihil, Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be In writing end must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or Settle the provisions of this Deed of Trust. 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 Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed bs' and Interpreted In accordance with federal law and the laws of the Stale of Nebraska. This Deed of Trust has been accepted by Lender In the State of Nebraska. Choice of Venue. I there Is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Merrick County, Stale of Nebraska. No Waiver by Lender. Truster understands Larder will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lander delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree In writing to give no one of Lender's rights, that does not mean Trustier will net have to comply with the other provisions of this Deed of Trust. Trustor also understands that if Lander does consent to a request, that does not mean that Trustor will not have to get lenders consent again If the situation happens again. Trustor further understands that just because Lender consents to one or more of Truster's requests. that doss not mean Lander will be required to consent to any of Truster 'a future requests. Truster waives presentment, demand for payment protest, and notice of dishonor. - Severablllty. If a court finds that any provision of this Dead of Trost is not valid or, hould not be enforced, that fact by itself will not mean that the rest a! this Deed of Trust will not be valid or enforced. Therefore, a court will alliance the rest of the provisions of this Dead of Trust even if a provision of this Deed of Trust may be found to be Invalid or unenforceable. Successors and Assigns. Subject to any limitations stated In this Dead of Trust on its rifer of Truster's Interest, this Dead of Trust shall be binding upon and Inure to the benefit of Ilia parties, their successors and assigns. If ormership of the Property becomes vested In a person other than Trustor. Lender, without notice to Truslor, may deal win Trusters s :cc,sors v. iih ralenence !c !his i of Trust and the Indebtedness by way of forbearance or extension without releosiag Trustor from the obligations of this Deed of Trust or liatelllty under the ridebach oss. Time I of the Essence. Time is of the essence In the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Dead of Trust. DEFINITIONS. The fallowing words Shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Benejiarry" means Farmers Stale Bank, and its successors and assigns. Borrower. Tho word "Borrower' means Dawn M. Peard, and all other pesons and entities signing the Note. Deed rf Trust The words " Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, and includes wilhoUt fimitation at assignment and Security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words'Euvironmenal Laws" mean any and all state, federal and local statutes, regulations and ordiro noes relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation. and Liability Act of 1900, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA').:he Supedund Amendments and Neauthorotalion Act of 1986, Pub. L. No. 99-u199 ('SARK). the Hazardous Mat•,: Is Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act. 42 U.S.C. Section 6901, of seq., W other apphcaba slate or federal Iews. rules, or regulations adapted pursuant theralo. hvent of Default. The words went of Default area, any of rho events of default set forth in this Dead of Trust in the events of daaun Secllon 01 ark Dead of Trust.