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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200700745
<br />
<br />Page 7
<br />
<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 sale, and lender
<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.
<br />
<br />Successor Trustee. lender, at lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HAll County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and 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 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 iilltirni:!s'i<lfnustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by, LenderabJ~'ny 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 />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. With respect to procedurlll matters related to the perfection IInd enforcement of lender's rights against the Property,
<br />this Deed of Trust will be governed by federal law applicllble to lender and to the extent not preempted by federal law, the laws of
<br />the Stllte of Nebraska. In 1111 other respects, this Deed of Trust will be governed by federal law applicable to lender and, to the extent
<br />not preempted by federal law , the laws of the State of Illinois without regard to its conflicts of law provisions. However, if there ever
<br />is II question about whether any provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be
<br />governed by whichever state or federal law would find the provision to be valid and enforcellble. The loan transaction that is
<br />evidenced by the Note and this Deed of Trust has been applied for, considered, approved and made, and all necessary loan documents
<br />have been IIccepted by lender in the State of Illinois.
<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 agllin,., Trustor further understands that just because lender consents to
<br />one or more of Trustor's requests, that does not mean l_lji@d~r~iU"b~,r~quired to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and no~i\l~'<Qf,'Ris;po,T;lor.
<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 this Deed of Trust:
<br />
<br />Beneficiary. The word "Beneficiary" means State Farm Bank, F,S.B" and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means MARSHA R BARTLETT and DAVID E BARTLETT and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />
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