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<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200701706
<br />
<br />Page 9
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<br />disbursements made by Beneficiary to protect the security, under the terms hereof, while discretionary shall not be deemed to be optional
<br />advances.
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<br />DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness" herein includes, without limitation, all liability of Borrower or other party
<br />having its obligations to lender secured by this Deed of Trust, whether liquidated or unliquidated, defined, contingent, conditional or of any
<br />other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge
<br />transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) at any time entered into with
<br />lender in connection with the Note.
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<br />ENCUMBRANCES. Grantor/MortgagorfTrustor shall not, without lender's consent, mortgage, assign, grant a lien upon or security interest
<br />in, or otherwise encumber the Property or any interest in the Property, or allow such a lien or security interest to exist or arise, whether
<br />voluntarily, involuntarily or by operation of law, except for liens and security interests in favor of lender, or property taxes attributable to
<br />the Property which are not past due.
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<br />MAXIMUM SECURED AMOUNT. The maximum amount secured by this Deed of Trust is twice the aggregate amount of the Note and each
<br />other instrument. agreement or obligation specifically described herein, or otherwise incorporated herein by reference, including any of the
<br />foregoing which is incorporated into this Deed of Trust by a modification or similar document recorded subsequent to the date hereof. The
<br />maximum amount secured by this Deed of Trust shall not in any way imply that Beneficiary shall be obligated to advance any amount at
<br />any time. Advances or disbursements made by Beneficiary to protect the security, under the terms hereof, shall not be deemed to be
<br />optional advances.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments. This Deed of Trust. together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
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<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to lender, upon request, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
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<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.
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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 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.
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<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 />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.
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<br />No Waiver by lender. lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by lender. No delay or omission on the part of lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by
<br />lender, nor any course of dealing between lender and Trustor, shall constitute a waiver of any of lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of lender is required under this Deed of Trust, the granting
<br />of such consent by lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be granted or withheld in the sole discretion of lender.
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<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Deed of Trust.
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<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.
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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 />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.
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<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
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<br />Beneficiary. The word "Beneficiary" means Wells Fargo Bank, National Association, and its successors and assigns.
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<br />Borrower. The word "Borrower" means Bradley C. Augustin and Mary L. Breetzke-Augustin and includes all co-signers and co-makers
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