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<br />loan No: 806824
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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200601106
<br />
<br />Page 5
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<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<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.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforCfl any of the terms of this Dfled of Trust. Lendm shilll be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any amwal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lendm'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 Indebtedness paYilble
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' ffles and Lender's legal expenses,
<br />whether or not there is a lawsuit. including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection SflrviCflS, the cost of sflarching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, ilnd fees for the
<br />Trustee, to the extlmt pmmitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />Rights of Trustee. Trustefl shall have all of the rights ilnd duties of Lflnder as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
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<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustefl shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and fi./ing a map or plat of
<br />the Real Propflrty, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating (lny
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
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<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 s(lle, and lendflr
<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.
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<br />Successor Trustee. lender, at lender's option, may from time to time appoint a successor Trustee to any Trustee appointed undf!r
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recordfld in the office of the recorder of HAl.1. County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of thl'! originlll
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, ami the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<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 Iimitlltion 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 mflilfld, when deposited in the United States mllil, 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 foreclosurfl from the holder of any lien which has priority over this Deed of Trust shall be sent to lender's Ilddmss, as
<br />shown nellr the beginning of this Deed of Trust. Any person may change his or hN Ilddress for notices under this Dfled of Trust by giving
<br />formal written notice to the other person or persons, specifying thllt the purpose of the notice is to chllnge the person's address_ For
<br />notice purposes, Trustor agrees to keep Lender informed flt all timfls of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, flny 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 thfl Related Documents is Trustor's entim Ilgreement 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 chflnge or amendment.
<br />
<br />Caption Headings. Cilption 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.
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<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estfltp. in the
<br />Property at any time held by or for the benefit of lender in any cflpacity, without the writtfln consent of Lender.
<br />
<br />Governing law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit, Trustor Ilgrees upon lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
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<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 ilnd every Trustor. This means that flilch Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />No Waiver by lender. Trustor understands lender will not give up any of lender's rights under this Deed of Trust unless Lender dOfls
<br />so in writing. The fact that lender delilYs or omits to exercise any right will not mean that Lender hilS given up that right. If Lender
<br />does flgree in writing to give up one of lender's rights, that does not me(ln Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor Illso understands that if Lender does consent to a request, thllt does not mean that Trustor will not
<br />have to get Lender's consent ngllin if the situation happens again_ Trustor further understands thllt just because Lender consents to
<br />one or more of Trustor's requests, that dOf!s not mean lender will be required to consent to any of Trustor's future requests. Trusl.or
<br />waives presentment, demand for payment. protest, and notice of dishonor_
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<br />Severability. If a court finds that Ilny provision of this Deed of Trust is not vlllid or should nol be flnforced, thilt fact by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforcerL Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if 11 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 transfN of Trustor's interest. this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and Ilssigns. If ownership of the Property becomes
<br />vested in a person other thlln Trustor, lender, without notice to Trustor, may deal with Trustor's successors with roference to this
<br />Deed of Trust and the Indebtedness by way of forbflamnce or extension without relellsing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
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<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
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<br />Waiver of Homestead Exemption. Trustor hereby releflsfls flnd waives all rights and benefits of the homestead exemption laws of thfl
<br />State of Nebrllskll flS to flll Indebtedness secured by this Deed of Trust.
<br />
<br />DEFINITIONS. The following words shllll have the following rTlflanings when used in this Deed of Trust:
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<br />Beneficiary. The word" Beneficiary" means Equitable Bank, and its successors and assigns.
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<br />Borrower. The word "Borrower" means JON W ROJEWSKI and KIMBERl.Y A ROJEWSKI and includes all co-signers and co-milkers
<br />signing the Note and all their successors and assigns.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
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