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a: �: 4 DEED OF TRUST 201100039
<br />, Loan No: 123590 (Contlnued) Page 5
<br />Lender under this Deed of Trust.
<br />Trustse. Trustee shall meet all qualificatians 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 Proparty, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />will have the right ta foreclase 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 aption, may from time to time appoint a suacassor 7rustee 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 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 successors in interest. The successor trustee, without conveyanca 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 />NOTIGES. 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 telefacsimile (unless otherwise
<br />required by law►, when deposited with a natipnally recognized overnight courier, or, if mailed, when deposited in the United 5tates mail, as
<br />first class, certified qr registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies af notices of foreclosure from the holder af any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near tha beginning of this Deed of Trust. Any persan may change his or her address for notices under this Deed of 7rust by giving
<br />formal written natica 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 natice 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 />M15CELLANEOUS 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 6y 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 vnly 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 peed of 7rust 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 writtan consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable ta Lendar and, to the extent not preempted hy federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has 6een accepted by
<br />Lender in tha State of Nebraska.
<br />Joint and Saveral Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every 7rustor, This means that each Trustor signing balow is rasponsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. 7rustor understands Lender will not give up any of Lender's rights under this Deed af Trust unless Lender does
<br />so in writing. The fect that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If L.ender
<br />does sgree 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. 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 of �rastor's requesta, that does not msan 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 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. Therefnre, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this baed af 7rust may be tound to 6e invalid or unenforceable.
<br />Successors and Assigns. 5ubject 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 6ecomes
<br />vested in a person other than 7rustor, l.ender, without notice to Trustor, may deal with Trustor's succassors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the abligations af khis beed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of tha essence in the performance of this Deed of Trust.
<br />Waiver of Homestsad Examption. 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 />bEFINITIONS. The following words shall have the following meanings when used in this Deed af Trust:
<br />�
<br />Beneficiary. The worKl;!!@�n6�i�?'�y�r�er one ank, and its successors and assigns.
<br />Borrower. The word "Bb'rt vfr�r� ���
<br />�' '1`�'Scott G''Man hester and Amy S. Manchester and includes all co-signers and co-makers
<br />signing the Credit Agreement Srr�'� ,:�l �'nd assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated December 23, 2010, Wlth credit limit of
<br />$10,OQO.Q() from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and su6stitutions for the promissory note or agreement. The maturity date of this Deed of 7rust is January 10, 2021. NOTIC� TO
<br />TRUSTOR: THE CREDIT AGREEM�NT CONTAINS A VARIABLE INTEREST RATE.
<br />Deed of Trust. The wards "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 I.aws. The words "Environmental Laws" rriean any and all state, federal and tocal statutes, regulations and ardinances
<br />relating to the protection ot human health or the environment, including without limitation the Comprehensive Environmental
<br />Respanse, Compensation, and Liability Act of 1980, 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 1801, et seq., the Resource Conservatian and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulatians adopted pursuant thereto.
<br />Event of Defaul#. The words "�vent of Default" mean any of the events of default set forth in this Deed of Trust in the evants af
<br />default section of this beed of Trust.
<br />�xisting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Hazardous 5ubstances. The words "Hazardous Substances" mean materials that, bacause 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, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, matarials or waste as defined by or listed under the Environmental Lews. The term "Hazardaus Substances" also
<br />includes, without limitation, petroleum and petroleum by-products ar any fraction thereof and asbestos.
<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.
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