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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200511673
<br />
<br />Page 5
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<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 />
<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 telefacsimile (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 Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from lender.
<br />
<br />MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor'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 />
<br />Arbitration. lender and Trustor agree that all disputas, claims and controversies between us whether individual, joint, or class in
<br />nature, arising from this Deed of Trust or otherwise, Including without limitation contract and tort dlsputes~. shall he arbitrated
<br />pursuant to the financial services rules of Endlspute, Inc., d/b/a J.A.M.S./ENDISPUTE or its successor In effect at the time the claim Is
<br />flied, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or
<br />be prohibited by this arbitration agreement. This includes, without limitation, obtaining Injunctive relief or a temporary restraining
<br />order; Invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or
<br />exercising any rights relating to personal property, Including taking or disposing of such property with or without judicial process
<br />pursuant Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or
<br />reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise
<br />modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the
<br />power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court
<br />having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent
<br />jurisdiction. The statute of limitations. estoppel. waiver, laches, and similar doctrines which would otherwise be applicable in an
<br />action brought by a party shall be applicable in any arbitration proceeding. and the commencement of an arbitration proceeding shall
<br />be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction,
<br />interpretation. and enforcement of this arbitration provision.
<br />
<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 />
<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 />
<br />Governing law. This Deed of Trust will be governed by and Interpreted in accordance with federal law and the laws of the State of
<br />Utah. except and only to the extent of procedural matters related to the perfection and enforcement of lender's rights and remedies
<br />against the Property, which will be governed by the laws of the State of Nebraska. However, if there ever is a question about
<br />whether any provision of this Deed of Trust Is valid or enforceable, the provision that Is questioned will be governed by whichever
<br />state or federal law would find the provision to be valid and enforceable. The loan transaction which Is evidenced by the Credit
<br />Agreement and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan documents have been
<br />accepted by lender in the State of Utah.
<br />
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />
<br />No Waiver by lender. Trustor 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 lender 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 Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if lender does consent to a request, that does not mean that Trustor will not
<br />have to get lender's consent again if the situation happens again. Trustor further understands that just because lender consents to
<br />one or more of Trustor's requests, that does not mean lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor. Trustor waives all rights of exemption from execution or
<br />similar law in the Property, and Trustor agrees that the rights of lender in the Property under this Deed of Trust are prior to Trustor's
<br />rights while this Deed of Trust remains in effect.
<br />
<br />Severability. 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 />
<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 Trustor, 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 />
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />
<br />Waiver of Homestead Exemption, Trustor 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 />
<br />DEFINITIONS. The following words shall have the following meanings when used in thisD.~!lJ.t.p:f ;rust:;.., ,..; J._i,ji f~
<br />
<br />Beneficiary. The word "Beneficiary" means American Express Bank, FSB, and its successorlf.anM' ~Ei!ilins.!,!j i
<br />
<br />Borrower. The word "Borrower" means MARK A MCMAHON and MARY R MGM.Q.waAi~i:.t.4d";'~d'#fiif~Qc:;;fgr.~' 8nd co-makers
<br />signing the Credit Agreement.
<br />
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated November 10, 2005, with credit limit of
<br />$26,500.00 from Trustor to lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is October 10, 2020.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, lender. and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />
<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 health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 19BO, as amended, 42 U.S.C. Section 9601, et seq. ("CERClA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />
<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
<br />default section of this Deed of Trust.
<br />
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing liens provision of this
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