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' i DEED OF TRUST 2 010 0 319 ~
<br />Loan No: 101230444 (Continued) Page 4
<br />exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and
<br />either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking
<br />a deficiency judgment against the Trustor to the extent such action is permitted by law.
<br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
<br />decides to spend money or to perform any of Trustar's obligations under this Deed of Trust, after Trustor's failure to do so, that
<br />decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies.
<br />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
<br />Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Peed 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 limitation, 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 />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<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 previsions. This Dsed 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 />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<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 Five Points Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means KEITH W FREEMAN 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 May 4, 2010, Wlth CI'edlt illTlit Of
<br />$30,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />pf, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is May 10, 2015.
<br />Peed 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.
<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"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportation Aat, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
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<br />Event ~6efault. The vubrds "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the
<br />Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together
<br />with interest on such amounts as provided in this Deed of Trust.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. The words "successors or assigns" mean any
<br />person or company that acquires any interest in the Credit Agreement.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
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