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~ DEED OF TRUST (Continued) 200707551 Page 3 un~flhllflNebrpska Unll'orm CommercialCode. FOrllcllljh,,,,b\i.Phwer 01 Slle. If landl. el.dl~'O foreclose bVfl~ercise of t~fl Power a! S.le herl\lncon\flined, Lender, s~,pll "OlilV Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured bV this Deed 01 Truet as Trustee mav require. la) Upon roceipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Nutice of Defeult end Notice 01 Sale as then required by law and bV this Deed 01 Trust. Truslee shall, without demand on Trustor, after such time as may then be required by law and after recorrlation of such Notice of Default and after Notice of Sale having been given as required bV law, sell the Propertv at the lime and place of sale fixed bV it in such Notice of Sale, either as a whole. or in separate lots or parcels or items as Trustee shall deem expedient, and in fiuch order as it may determine, at public auction to the highest bidder for cash in lawlul monev of the United States payable at the lime of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying Ihe propertv so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters ur facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor. Trustee, or lender, may purchase at such sale. (bl As may be permitted by law, after deduoting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale/ Trustee shall apply the proceeds of sale to payrnent of (i) all sums expended ~mder the terms of this Deed of Trust or under the terms of the NOle not then repaidl including but not limited to accrued interest and late charges, (ii) all other sums then secured herebv, and (iii) the remainder, if anv, to the person or persons legallv entitled thereto. 'c) Trustee may in the manner provided bV law postpone sale of all or anv portion of the Propertv. Remodies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the Notej under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstandino, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise securedj whethor by mortoagel deed ot trust, pledge/ lien. assignment or otherwiso, Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trustl shall prejudice or in any mannar affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or lender. it being agreed that Trustee and Lender, and each of them, shali be entitled to enforoe this Deed of Trust and any other securilV now or hereaftar held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender. is intended to be exclusive of any other remedy in this Deed of Trust or by law provided or permitted, but eaoh shall be cumulative and shall be in addition to everv other remedv given in this Deed of Trust or now or hereafter existing at law or in eQuitv or by statute. EverV power or remedv given bV the Note or anv of the Related Documents to Trustee or Lender or to whioh either of them mav be otherwise entitled, mav be exercised, concurrently or independentlv, Irom time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prOhibiting Lender from seeking a daficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies. All of lender's rights and remedies will be cumulative and mav be exercised alone or together. If Lender decides to spend money or to perform any of Trustor1s obligations under this Deed of Trust; after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise lender's remedies. Request lor Notice. Trustor, on behalf of Trustor and Lendar, herebv requests that a coPV of anv Notice of Defeult and a copy of anv Notice of Sale under this Deed of Trust be mailed to them at the addresses set lorth in the lirst paragraph of this Deed of Trust. Attorneys' Feesi Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtednes~ payable on demand and shall bear interest at the Note rate from the date of rhe expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys I fees and Lender's legal expenses, whether or not there i~ a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionL -appeals, end any anticipated post-judgment collection services, the cost of searching records. obtaining title reports (including foreclosure reports), surveyors' reportSI and appraisal feesl title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pav any court oosts, in addition to all othar sums provided bV law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Governing Law. This Deed of Trust will be governed by federal law epplicable to Lender end, to the extant not preempted by federal lew, the lews of the State of Nebreska without regard to Its conflicts of law provisions. This Deed of Trust hes been accepted bV Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon lender's request to submit to the jurisdiction of the courts of ADAMS Countv, State of Nebraska. Time is of the Essooce. Time is of the essence in the performance of this Doed of Trust_ Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemPtion laws of the State of Nebraska as to all Indebtedness secured bV this Deed of Trust. DEFINITIONS. The following words shall have the follOwing meanings when used in Ihis Deed of Trust: Benefioiary, The word "Benefioiarv" means FIVE POINTS BANK OF HASTINGS, and its successo'" and assigns. Borrower. The word "Borrowe," means DOUGLAS J HERBEK and TENA L HERBEK and includes all co. signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assionment and security interest provisions relating to tho Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state. federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, inclUding without limitation the Comprehensive Environmental Response, Compensation, and Liabilitv Act 01 1960, as amended, 42 U,S.C. Section 9601, et seq. ("CERCLA "), the Superfund Amendments and Reeuthorization Act of 1966, Pub. L. No. 99-499 '''SARA "), the He,ardous Materials Transportation Act, 49 U.S.C. Section 1 B01. et seq" the Resource Conservation and Recoverv Act, 42 U.S.C. Section 6901, et seQ" or other applioable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean anv of the events of defa"lt set lorth in this Deed of Trust in the events 01 delault section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, suretYI or accommodation party to Lender, including without limitation a guaranty of all or part of rhe Note. Improvements. The word "Improvements" means all exist'inO and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and othor construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, togethe.r with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expensos incurred by Trustae or lender to enforce Trustor's Obligations under this Deed of Trust. together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtednoss includes the future advances set forth in the Future Advances provision