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^ Coan No: 14301 DEED OF TRUST (Continued) 200806835 Page 3 ~ I. .' if" ' .' S.ale having been given as required by law, sell the Property at the time and place of sale fixed by It in such Notice of Sale, either as a whole, or in. separate lots or parcels or Items as Trl,lstee shall deem expedient, and in such order as It may determine, at public auction to the highest bidder for cash In lawful money of the United States payable at the time of sale. Trustee sha!1 deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may purchase at such sale. (b) As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust including costs of evidence of tltl~ in connection with sale, Trustee shall apply the proceeds of sale to payment of (j) all su~s expended under the terms of this Deed of Trust or under the terms of the Note not then repaid, Including but not limited to accrued interest and late charges, (Ill all other sums then secured hereby, and (Iii) the remainder, if any, to the person or persons legally entitled thereto. (c) Trustee may In the manner provided by law postpone sale of aUor any portion of the Property. Remedies 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 Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such Indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor Its enf~rcement, whether by court action or pursuant to the power of sale or other pOwers contained in this Deed of Trust, shall prejudice or In any manner 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, shall be entitled to enforce this Deed of Trust and any other security now or hereafter 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 each shall be cumulative and shall be In addition to every other remedy given in this Deed of Trust or now or hereafter existing at law or In equity or by statute. Every power or remedy given by the Note or any of the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or Independently, from 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 deficiency 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 may be exercised alone or together. If Lender decides to spend money OJ to perform any of Trustor's 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 for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth In the first paragraph of this Deed of Trust. Attorneys' Fee.: Expanse.. If Lend,er 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 Indebtedness payable on demand and shall bear Interest &t the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without IImitatlon,however subject to any limits under applicable lew, Lender's attorneys' fees and Lender's iegal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Governing Law. Thl. Deed of Tru.t will be governed by federal law applicable to Lender and, to the extent not preempted by federal law. the laws of the State of Nebra.ka without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by 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 County, State of Nebraska. Time I. of the Es.ence. Time is of the essence in the performance of this Deed of Trust. Waiver of Home.tead 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 by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Ben4!'flclary" means FIVE POINTS BANK OF HASTINGS, and its successors and assigns. Borrower. The word "Borrower" means MARY A RACICKY and MICHAEL A ROTHER and Includes all co-signers and co-makers signing the Note and all their successors and 88slgns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the 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 liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendm~nts and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"). the Hazardous Materials Transportation Act, 49 U,S.C. Section 1801, et seq., the Resource. Conservation and Recovery Act, 42 U.S.C. Section 6901 ,at .saq., or other applicable state or federal laws, rules, or regUlations adopted pursuant thereto. Event of Default. The words "fvent of Default" meen any of the events of default set forth In this Deed of Trust In the events of default section of this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future Improvements. buildings, structures., mobile homes efflxed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedne.. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related D~cuments, together with all renewals of, extensions of, modifications of, consollda~ions ?f a.nd substitutions f?r the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor s obligations or expenses I.ncurred ~y Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with Interest on such amounts as prOVIded in t~IS Deed of Trust, Specifically, without limitation, Indebtedness Includes the future advences set forth In the Future Advances proviSIon of this Deed of Trust, together with all Interest thereon. Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS, Its successors and assigns. The words "successors or assigns" mean any person or company that acquires any Interest in the Note. Note The word "Note" means the promissory note dated July 31, 2008, in the original principal amount of $1 ~ 5,372.24 from' Borrower to Lender together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 16, 2018.