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<br />Loan No: 807598
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200808502
<br />
<br />Page 5
<br />
<br />Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />includo, without limitation, however subject to any limits under epplicable law, Lender's attorneys' fees end Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and axpenses for banluuptcy procaedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
<br />law.
<br />
<br />Rights of Trustee. Trustae shall have all of the rights and duties of Lander as set forth in this section.
<br />
<br />POWERS AND <1BLlGAf;IONS....QLIfiUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Daed of Trust: ,w"'\i f-. , IjA i:')lojW~-;;:-;,!:""-~,:,":":"'" '1
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<br />Po,-:"",ers o~ rust :~'l:ill:.t.' ~i~I' ~. '~~,II'PG,~e;r~' ~t +~ustee arising as a matter of law, Trustee. ~ha.1l have t~e power .t.o taka the following
<br />actions Wit re :up~m'the, l/\.j"r1tten request of Lender and Trustor: (a) JOin In praparlng and filing a map or plat of
<br />the Real Property, including the de Ica llrl'iot-stteets or other rights to the public; (b) join in granting any aasament 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.
<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, mey from time to time appoint a successor Trustee to any Trustea appointad under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender end 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) whare 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 succassors 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 ba 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 telefecsimile (unless otherwise
<br />required by lew). when deposited with II netionally recognilad overnight couriar, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postaga prapaid, 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 noticas 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 eddress. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any 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 e part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Ralatad Documents is Trustor's entire agreement with Lender
<br />concerning tha 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 usad to interpret or
<br />define the provisions of this Dead 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 Low. This Deed of Trust will be governed by federallew 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 Nebreske.
<br />
<br />Choice of Vanue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<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 again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<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 unanforceable.
<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 />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 perty.
<br />
<br />Waiver of Homestead Exemption. Trustor hereby releases and weives 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 maanings when used in this Deed of Trust:
<br />
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means LEWELLYN L REHDER and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />
<br />Deed of Trust. The words "Daad of Trust" maan this Deed of Trust emong Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security Interest provisions relating to the Parsonal Property end Rents.
<br />
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C, Section 9601, et seq. ("CERCLA"), the Superfund
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