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<br />Loan No: 0040246326
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200601119
<br />
<br />Page 9
<br />
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Dnd of Trust has bllen accllptlld by
<br />Lender in thll State of Nebraska.
<br />
<br />Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Borrower and Trustor signing below is respon:;;ible 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 right:;; under this Deed of Tru:;;t 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 />doe:;; agree in writing to give up one of Lender's rights, that doe:;; not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Tru:;;tor 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 understand:;; that just because Lender consents to
<br />one or more of Tru:;;tor's reque:;;t:;;, that does not mean Lender will be required to consent to any of Tru:;;tor's future requests. Tru:;;tor
<br />waive:;; presentment, demand for payment, prote:;;t, and notice of dishonor.
<br />
<br />Severability. If a court finds that any provi:;;ion 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, thi:;; Deed of Tru:;;t
<br />shall be binding upon and inure to the benefit of the parties, their succes:;;ors and as:;;igns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Tru:;;tor's succes:;;ors with reference to this
<br />Deed of Trust and the lndebtednes:;; by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Tru:;;t 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 this Deed of Tru:;;t:
<br />
<br />Beneficiary. The word "Beneficiary" means WellS Fargo Bank, National Association, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means Gregory A Peters and Melissa L Peters and includes all co-signers and co-makers signing the
<br />Note and all their succe:;;sors and a:;;signs.
<br />
<br />DlIId 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, a:;; amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"). the Superfund
<br />Amendments and Reauthori<lation Act of 1986, Pub. L. No. 99-499 ("SARA"). the Ha<lardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Con:;;ervation 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 word:;; "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 />Guaranty. The word "Guaranty" mean:;; the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />
<br />Hazardous Substances. The word:;; "Ha<lardous Sub:;;tances" mean materials that, because of their quantity, concentration or
<br />physical. chemical or infectious characteristics, may cause or pose a present or potential ha<lard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The word:;;
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbesto:;;.
<br />
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />
<br />Indebtedness. The word "Indebtedne:;;s" means all principal, interest. and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under thi:;; Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />
<br />Lender. The word "Lender" means Wells Fargo Bank, National Association, its successors and assigns. The words "successors or
<br />assigns" mean any person or company that acquires any interest in the Note.
<br />
<br />Note. The word "Note" means the promissory note dated January 26, 2006, In the original principal amount of
<br />$100,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is January 26,
<br />2007.
<br />
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for. any of :;;uch property; and together with all proceeds (including without
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