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<br />DEED OF TRUST
<br />(Continued)
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<br />200708782
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<br />Page 5
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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, Trustee 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 filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<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 sale, and lender
<br />shall 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 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.
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<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 party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep lender informed at all times of Trustor's current address, Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by lender to any Trustor is deemed to be notice given to all Trustors.
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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 />Choice of Venue. If there is a lawsuit, Trustor agrees upon lender's request to submit to the jurisdiction of the courts of Buffalo
<br />County, State of Nebraska.
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<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 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 />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 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. .._.....A."...__A...'''''....~-;
<br />,,"," ., ':, ~. ,.... .~,\\.:~t~ll, ~
<br />DEFINITIONS. The 'following capitalized words and terms shall have the following meanii'lll,\l whenlJse.o in this Deed of; Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts i9,lawful;~m9I1ey~.,~~e l!Aited States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall incl~.tli.e:..;sjt\9UI3fr8&-ttole .eontext mav1equire. Words
<br />and terms not otherwise dEJfined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />
<br />Beneficiary. The word "Beneficiary" means Exchange Bank, and its successors and assigns.
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<br />Borrower. The word "Borrower" means DAVID J WETHERll T and GORDON A COBLE and includes all co-signers and co-makers
<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
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
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<br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default".
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<br />Environmental laws. The words "Environmental laws" mean any and all state, federal and local statutes, regulations and ordinances
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