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, DEED OF TRUST 2 010 0 8 7 2 0
<br />Loan No: 1U1�382�4 (Continued)
<br />Page 7
<br />required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certifiad vr 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 baed of Trust shall be sent to Lender's addrass, 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 Lander intormed 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 7rustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the natice from Lender.
<br />MISCELLANEpUS PRQVI510NS. 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 beed 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 abligated 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 nf Trust.
<br />Merger. 7here shall be no marger of the interest or estate created by this Deed of Trust with any other interest or estete in the
<br />Property et eny time held by or for the benefit pf Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Peed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted 6y federal
<br />law, the laws of the State af Nebraska without regard to its conflicts of law pravisions. This Dsed of Trust has been accepted by
<br />Lender in the State pf Nebraska.
<br />Choice af Venue. If there is a lawsuit, 7rustor agrees upon Lender's request to submit to the jurisdiction of the caurts af HALL
<br />County, State of Nebraska.
<br />Joint and Several Liahility. All obligations of Trustor under this Daed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all abligations 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 maan 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 Trustvr will not have to comply with the other provisions
<br />of this beed of 7rust. Trustor also understands that if Lender does consent to a request, that does no# mean that 7rustor 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 fpr payment, protest, and notice of dishonor.
<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 snfnrce the rest of the provisions of this
<br />Deed of 7rust even if a provision of this Deed of Trust may be found to be invelid or unenforceable.
<br />5uccessors and Assigns. Subject to any limitations stated in this Deed nf Trust an transfer of 7rustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownarship 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 ta this
<br />Deed of Trust and the Indebtedness by way nf forbearance or extension without releasing Trustor trom 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 />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State af Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following wnrds shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "8eneficiary" means Five Points Bank, and its successors and assigns.
<br />Barrower. The word "8orrower" means CHAD W VIETH and KORI V LEMBURG end includss all co-signers and co-makers signing the
<br />Note and ell their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" maan 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 protectian of human health ar the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 19$Q, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1$01, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or o[her applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of pefault" mean any of the events of default set forth in this beed of Trust in the events of
<br />default section of this peed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitatian a guaranty of all or part of the Note,
<br />Hazardous Su6stsnces. 7he words "Hazardous Su6stances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manutactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous nr toxic
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