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MUMS
<br />DEED OF TRUST
<br />Loan No: 1604636 (Continued) Page 5
<br />Attorneys' Fees; Expenses. If Lender Institutes any and or action to enforce any of the terms of this Deed of Trust, Lender shall be settled
<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 speech not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any lime
<br />for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including abdomens' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injuncliori
<br />appeals, and any anticipated post— judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />replace), surveyors' reports, and appraisal fees, title insurance, antl fees for the Trustee, to the extent permitted by applicable law. Trustor
<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 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 Deed 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) loin in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed 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 sal forth
<br />above, with respect to all or any pad of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lander shall have
<br />the right to foreclose by judicial foreclosure, in either case in accortlanpe 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 />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, Stale of
<br />Nebraska. The Instrument shall contain, In addition to all other matters required by slate law, the names of the original Lender, Trustee, and
<br />Truslor, the book and page (or computer system reference) where this Dead 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 Deed of Trust or Iheu
<br />successors in Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties coafefF d
<br />upon the Trustee In this Dead of Trust and by applicable law. This procedure for somely ollon of Tiuslne 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 timlfation 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 lelefacsmile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or. If mailed, when deposited in the United Stales mail, as frost class, certified or
<br />registered mail postage prepaid dlrecled 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 Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Truster agrees to keep Lender informed at all times of Tmster'c
<br />current address. Unless otherwise provided or required by law, if there Is more than one Trustor, any notice given by Lender to any Truslor is
<br />deemed to be notice given to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a pad of this Deed of Tense
<br />Amendments. This Deed of Trust, together with any Palsied Documents, constitutes the entire understanding and agreement of the parties
<br />as to the matters set forth In this Dead of Trust No alteration of or amendment to this Deed of Trust shalt be effective unless given in writing
<br />and signed by the party or parties sought to be charged or bound by the alteration ar amendment.
<br />Annual Reports. If the Property Is used for purposes other than Trustor', residence, Truslor shall furnish Ip Lentler, upon request, a certifed
<br />statement of net operating Income received from the Property during Ti uslor's previous fiscal year In such form and detail as Lender shall
<br />require. "Nei operating income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the
<br />operation of the Property.
<br />Caption Headings. Caption headings In this Dead of Trust are for convenience purposes only and are net to be used to Inorprel or define
<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 written consent of Lender_
<br />Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the laws of the
<br />State of Nebraska. This Deed of Trust has been accepted by Lender In the Slate of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor untler this Deed of Trusl shall be holm antl several, and all references to Trustor shall
<br />mean each and every Truster This means that each Truster signing below is responsible for all obligations in this Deed of Trust
<br />No Waiver by Lender. Lender shall net be deemed to have waived any rights tinder this Deed of Trust unless such waiver Is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right m
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or conslilule a waiver of Lender's right otherwise
<br />to demand shirt compliance with that provision or any other provision of this Deed of Trust No prior waiver by Lender, nor any course of
<br />dealing between Lender and Truster, shall combined a waiver of any of Lender's rights or of any of Trusters obligations as to any future
<br />transactions Whenever the consent of Lender Is required under tow Deed of Trust, the granting of such consent by Lender In any instance
<br />shall not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consenl may be
<br />granted or withheld in the sole discretion of Lender.
<br />Severabllity. If a court of competent judsdolion finds any provision of this Deed of Trust to he Illegal, invalid or unenforceable as to any
<br />person or circumstance, that finding shall not make the offending provision Illegal, Invalid, or unenforceable as to any other person or
<br />circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, It shall be considered deleted from this Deed of Trust Unless otherwise required by law, the
<br />Illegality, invalidity, or unenforceability of any provision of this Deed of Trust chap not affeclthe Iegalay, valphoy or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations staled In this Deed of Trust on transfer of Trustor', intpresl. this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, Iheu successors and assigns_ If ownership of Ins Pr opady becomes vested in a scoot
<br />other than Troffer, Lender, without notice to Trustor, may deal with Tmster's successors wan reference to this Deed of Trusl and the
<br />Indebtedness by way of forbearance or extension without releasing Tn¢torfrom the obligetfens of thin Deed of Trust or liability untler the
<br />Indebtedness.
<br />Time Is of fhe Essence. Time is of the essence In the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. Tractor hereby releases and waives all rights and benefils 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 capitalized words antl terms shall have the following meanings when used in this Deed of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
<br />used in the singular shall include the plural, and the plural shall include the singular, as the context may require- Words and terms not otherwise
<br />defined In this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code.
<br />Beneficiary. The word Beneficiary" means United Nebraska Bank, and 'is successors and assigns
<br />Borrower. The word "Borrower" means Joseph M Brown and Lori J Brown, and all olher persons and entities signing the Note is whatever
<br />capacity.
<br />Deed of Trust. The words 'Used of Trust" mean This Deed of Trust among Trustor Lender and yrugteA, and midlutles without limltallon all
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