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Loan No: 19760 DE(Cont (Continued) 900213432
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<br />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 />Attorneys' Fees; Expenses. If Lender Institutes any suit or when to enforce any of the terms of this Dead of Trust, Lender shell 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 expanses Lender incurs that In Lender's opinion are necessary at any time
<br />for the protection of its Interest or the enforcement of 16 rights shall become a part of the Indebtedness payable on demand and shall beer
<br />Interest at the Note rate ham the date of the expenditure until shall. Expenees coverall 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 attorneys' fees and expenses for bankruptcy proceedings (including efforts to mollify or warts any automatic stay or Injunction),
<br />appeals, and any anticipated post judgmahi objector, services, the cost of searching muds, obtaining He reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustm
<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 Lander or set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are Pad of this Deed of
<br />Trust:
<br />Powers of Trustee. In addition to all powers, of Trustee arising as a matter allow, Trustee shall hews the power to lake 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 dedlrtlon of streets w other rights to the public; (b) join In granfing any easement w creating any restricted on the
<br />Real Property: and (a) loin In any subordination as other agreement affecting this Deed of Trust as the Interest of Lander untler this Dead of
<br />Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trusles under applicable law. In addition to the rights and remedies set 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 Lender will have the
<br />right to foreclose by judicial foreclosure, In either case in accordance with and to the lull extent provided by applicable law.
<br />Successor Trustee. Lender, at Lenders option, may ham 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 mooduall In the office of the recorder of Hell County, Stab of
<br />Nebraska. The Instrument shall contain, in addition to all other matters required by state law, the homes of the anginal Lender, Trustee, and
<br />Truster, the book and page (w computer system reference) where this Dead of Trust Is recorded, and the name and address of the
<br />successor trustee, and the instrument shell be executed and acknowledged by all the Immersions under this David 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 Dead of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other provisions for subsMtutlan.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of seta shall
<br />be given in writing, and shall be creative when actually delivered, when actually revived by telefscslmlle (unless otherwise required by law),
<br />when deposited with a nallon idly recognized overnight courier, ar, If mailed, when deposited In the United States mall, as Not class, codified or
<br />registered mail postage prepaid, directed to the addresses shown rtes the beginning of this Deed of Trust. All wpbs of notices of foreclosure
<br />from the holler of any Ilan which has priority over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Deed
<br />of Trust. Any person may charge his or her address for notices under 1Ns Deed of Trust by giving formal written notice to the other Person or
<br />persons, specifying that the purpose of the notice b to change the person's address. For notice purposes, Truster agrees to keep Lender
<br />Informed at all times of Trustees current address. Unless otherwise provided or required by law, If there Is more than one Trustor, any notice
<br />given by Lender to any Truster is deemed to tea notice given to all TruSWrs. It will be Trusters responsibility to tail the others of the notice runs
<br />Lander.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
<br />Amendments. What Is written In this Deed of Trust and in the Related Documents Is Truslors entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change w amendment to this Deed of Trust must be In writing and must be
<br />signed by whoever will be bound w obligated by the change or amendment.
<br />Caption Headings. Caption readings In this Dead of Trust are for convenience purposes only and we not to be used to interpret or dente
<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 summon or estate in the Property at
<br />any time held by or for the benefit of Lander In any capacity, without the written Consent of Lender.
<br />Governing Lew. This Deed or Trust wlll be governed by and Interpreted In accordance with federal law and the laws of the State of
<br />Nebraska. This Dead of Trust has been Accepted by Lender In the Stale of Nebraska.
<br />Choice of Venue. If there Is a lawsuit, Truster agrees upon Lenders equal to submit to the jurisdiction of the courts of Merrick County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Truster under this Deed of Trust shall be joint and several, and all rererences to Trustor shall
<br />mean each and every Trusts, This means that each Trustor signing below is responsible for all obligations in this Dead of Trust.
<br />No Waiver by Lender. Truster understands Lander will not give up any of Lenders rights under this Used of Trust unless Lender does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lander has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Trusser will not have to comply with the other provisions of this Deed of Trust.
<br />Truster also understands that if Lender does consent to a request, that does not mean that Truster Will not have to get Lender's consent
<br />again If the situation happens ages. Trustor further understands that just because Lander consents to one or more of Trustw's requests,
<br />that does not mean Lender will be required to consent to any of Tfustor's future requests. Truster waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Sevembility. If a court finds that any provision of this Dead of Trust is not valid w 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 reel of the provisions of this Dead of Trust
<br />even if a provision of this Dead of Trust may be found to be Invalld or unenforceable.
<br />Successors and Asalgns. Subject to any flmltations stated In this Dead of Treat on transfer of Trusex's intsresl, this Dead of Trust shell be
<br />binding upon and Inure to the benefit of the parties, their successors and assigns. It ownership of the Property becomes varied in a person
<br />other than Truster, Lander, without notice to Trustor, may deal with Trusters successors with referenda to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Essence. Time Is of the essence in the performance of this Dead of Trust.
<br />WsWer 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 ell Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The fallowing words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Farmers State Bank, and Its successors and assigns.
<br />Borrower. The word "Borrower means James D. Riley and Karen M. Riley, and all other persons and entities signing the Note.
<br />Deed of Trust. The words 'Ve d of Truer mean this Dead M Trust among Truster, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions faletirg to the Personal Property and Rents.
<br />Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes. regulations and ordinances
<br />relating to the protection of human heals 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 Superfund Amendments and
<br />Reauthorization Act of 1966, Pub. L. No 99499 ( "SARA -f, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the
<br />Resource Conservafion and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, W regulations
<br />adopted pursuant thereto.
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