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� Loan No: $72058133 DEED OF TRUST � Q 1 � Q 9 t� t� %
<br />(Continued) Page �
<br />Atkorneys' Fees; Expenses. If Lender institutes any suit or actian to enforce any nf the terms of this Deed vi Trust, Lender shall bP
<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 prohibi#ed by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for tha protection of its interest or the enforr.ement of its riyhts sh�ll 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, withou# Ijmitetion, however subject to any limits under applicable law, Lender's attprneys' tees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including aftorneys' fees and �xpenses for bankruptcy proceedings (including Pfforts
<br />to modify or vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collection services, the cost of
<br />searching records, obtaininq title reports (including foreclpsure 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 tRUS7EE. 7he following provisions relating to the powers and obligetions of Trustee are part of this
<br />Daed ot Trust:
<br />Powers of Trustee. In addition tn all powers of 7rustee 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 qf Lender and Trustor: (a) join in preparing and filing a mep or plat of
<br />the Real Property, including the dedication of streets nther rights to the public; (b). join in granting..any easement..pr-cre�ting any
<br />restriction on the Real Prvperty; and (c) join in any subordination or other agreement affecting #his Deed of 7rust or the interest of
<br />Lender under this Dsed of Trust.
<br />Trustee. Trustee shall meet all qualifications required fnr Trustee under applicable law. In addition to the rights and remedies set
<br />forth abave, 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 foreclasure, in eittier case in accordance with and to the full extent provided by applic�ble
<br />law.
<br />Successvr Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this peed of Trust by an instrument executed and acknvwledged 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 nther matters required by state law, the names of the �riginal
<br />Lender, Trustee, and Trustor, the 600k and page (or computer system reference) where this Deed of Trust is recorded, and the n�me
<br />and address of the successor trustee, and the instrument shall be executed and acknowledc�ed by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustea, without conveyance of the f'roperty, shall sur.ceed to all the title,
<br />power, and duties conferred upon the Trustee in this Qeed of Trust and by applicable lew. This procedure for substitution of Trustee
<br />shall govern tv the exclusion of all other provisions for substitution.
<br />NQTICES. Any notice required ta be given under this beed of 7rust, 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 6y telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationally recognized overnigf�t 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 6eginning of this beed of 7rust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Peed of Trust shall be sent to Lender's address, as
<br />shown near the 6eginning 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 nntice to #he other person or persons, specifying that the purpose of the notice is ko change the parson's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of l'rustor's current address. Unless otharwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to eny Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's respansibility to tell the others of ths natice from Lender.
<br />MISCELLANEOUS PRQVI510NS. The fallowing miscellane�us provisions are a part of Yhis Deed of Trust:
<br />pmendments. What is written in this �eed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this peed of Trust. To be eftective, any change or amendment to this beed of ?rust must be in
<br />writing and must be signed by whoever wili be bound or obligated by the change or �mendment,
<br />Captian Headings. Caption headings in this Deed of Trust are ior nonvenience purposes only and are not to be used to interpret or
<br />define the provisinns of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed nf Trust with any other interest or estate in the
<br />Property st any time held by or for the benefit of Lender in any capacity, without the written consent oP Lender,
<br />Gaverning Law. This Deed af Trust will be govemad hy federal law Applicable to Lender and, to the exten# not preempted hy federal
<br />law, the laws of the State of Nehraska without regard to its conflicts of law prnvisions. This beed of Trust has 6een accepted by
<br />Lenderin the State of Ne6raska.
<br />Choice of Venue. If there is a lawsuit, �rustor 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 beed of Trust shall be joint and several, and all
<br />references to Trustor shsll mean each and every 7rustor, and all references to Barrower sFiall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible fpr all obligations in this beed of Trust.
<br />No Waiver by Lender. 7rustor understands Lender will nat give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. 7he fact that Lender delays or omits tv exercise any right will not mean that Lender has given up tha# right. If Lender
<br />daes 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 7rust. Trus#vr also understands that it Lender does consent tn a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. 7rustor further understands that just because Lender consents to
<br />ane or more vf Trustor's requests, that does not mean Lender will 6e required to consent to any of Trustor's future requests. ?rustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds thet any provision of this Deed of 7rust is not valid or should not be enforced, that fact 6y itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefpre, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of 7rust may be found to be invalid or unenforceable.
<br />Successors and Assigns. 5u6ject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upnn and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becnmes
<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 forhearance or extension without releasing Trustor from the obligations of this beed of
<br />Trust or liability under the Inde6tednPSS.
<br />'Time is of the �ssence. Time is of the essence in the performance af this Deed of Trust.
<br />Waive Jury, pll parties tq this beed of Trust hereby waive tha right to any jury trial in any actiqn, proceeding, or caunterclaim brought
<br />by any p�r#y 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 nf Nebraska as to alf Indebtedness secured by this Deed of Trust.
<br />DEFINITIQNS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Baneficiary. Ths word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means MARVIN L RIEF and DOROTHY R RIEF and includes all co-signers and co-makers signing the
<br />Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated becember 13, 2010, Wlth Credi# 1ir111t Of
<br />$60,OQa.00 from Borrower to Lender, together with all renewals �f, extensions of, modificationg nf, �afi�,anGings pt, consolidations
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