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<br /> DEED OF TRUST 2 010 015 9 3
<br /> Loan No: 0872057875 (Continued) Page 5
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<br /> 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.
<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 Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by
<br /> this paragraph include, without (imitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's
<br /> legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts
<br /> to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of
<br /> searching records,, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br /> fees for the Trustee,, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br /> provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<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:
<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 Dead of Trust or the interest of
<br /> Lender under this Deed of Trust.
<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 /> 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 Dead 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.
<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 telefecsimile (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 person may change his or her address for notices 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 address. 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 /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents Is Trustor's entire agreement with Lender
<br /> concerning the 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 /> 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.
<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 Lander in any capacity, without the written consent of Lender.
<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.
<br /> Choice of Venue. 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 /> 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.
<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 /> Severability. If a court finds that any provision of this Dead 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 unenforceable.
<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 /> Dead 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 /> Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<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.
<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.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means LARRY D MCAHREN and includes all co-signers and co-makers signing the Credit Agreement
<br /> and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated February 25, 2010, with credit limit of
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