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DEED OF TRUST Page 5
<br />Loan No: 426360145776 (Continued) 200211847
<br />Notice 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 />Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender incurs that In Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of Its rights, shall become a part of the loan payable on
<br />demand, and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate the automatic stay or injunction) and appeals, to the extent permitted by applicable law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties 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
<br />Dead of 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
<br />actions with respect to the Property upon the written request of Lender and Trustor . S) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; bd join in granting any easement or creating any
<br />restriction on the Real Property; and le) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />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
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page for computer system reference) where this Deed of Trust Is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Dead
<br />of Trust or their successors in Interest The successor trustee, without conveyance of the Property, shall succeed to all the title,
<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 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
<br />sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacent,re )unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />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
<br />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
<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, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Truster Is deemed to be notice given to all Trustors. It will be
<br />Trustoi s responsibility to tell the others of the notice from Lentler. Notwithstanding the foregoing, the address for notice for Lender is
<br />Bank One, P.O. Box 901008, Fort Worth, TX ]6101 -2008.
<br />IDENTITY OF LENDER. Lender is Bank One, N.A., a national banking association with its main offices located In Columbus, Ohio,
<br />NON - WAIVER. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br />party's right otherwise to demand strict compliance with that provision or any other provision.
<br />SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take a security Interest in and retain a lien on
<br />that personal property considered fixtures under the Uniform Commercial Code as adopted in the jurisdiction where this Deed of Trust is
<br />filed of record as same may be amended from time to time or such other statute of such jurisdiction that defines property affixed to real
<br />estate and no other personal property.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments, What Is written in this Deed of Trust and in the Related Documents is Truster's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed 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 Deed 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 agreement will be governed by and interpreted in accordance with federal law and the laws of the State of
<br />Nebraska, except for matters related to interest and the exportation of Interest, which matters will be governed by and Interpreted in
<br />accordance with federal law )including, but not limited to, statutes, regulations, interpretations, and opinions) and laws of the State of
<br />Ohio. However, if there ever is a question about whether any provision of the agreement is valid or enforceable, the provision that is
<br />questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan
<br />transaction which is evidenced by this and other related documents has been approved, made and funded, and all necessary
<br />documents have been accepted by Lender in the State of Ohio.
<br />Joint and Several Liability. All obligations of Toaster under this Deed of Trust shall be joint and several, and all references to Truster
<br />shall mean each and every Trustor. This means that each Toaster signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lentler. Truster understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />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
<br />does agree In writing to give up one of Lender's rights, that does not mean Truster will not have to comply with the other provisions
<br />of this Deed of Trust. Truster also understands that if Lender does consent to a request, that does net mean that Trustor will nut
<br />have to at Lender's ooneort agair. if the situation happens again. Truster further understands that just because Lender consents to
<br />one or more of Truster's requests, that does not mean Lender will be required to consent to any of Truster's future requests. Truster
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Seenrability. 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 provision 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 Trustor's interest, this Deed 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 />vested in a person other than Truster, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust or liability under 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. Truster 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 following words shall have the following meanings when used in this Deed of Trust.
<br />Beneficiary. The word "Beneficiary" means Bank One, NA , and its successors and assigns.
<br />Borrower. The word "Borrower" means MICHAEL J WARDYN and ANN MARIE WARDYN, and all other persons and entities signing
<br />the Credit Agreement.
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