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DEED OF TRUST
<br />Loan No: 7781263 , ( Continued) 2 0110 9 8 3 7. Pe 6
<br />and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to
<br />foreclose by notice and sale, end Lender will have the right to foreclose by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law. ,,;
<br />Successor Trustee. Lender, af Lender's option, may from time to time appoint a successor Trustee to eny Trustee
<br />appointed under this Deed of Trust by an instrument executed end acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State af Nebraska. The instrument shall cor5tain; in addition ta all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book end page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and eddress of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee 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
<br />and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, es first class, certified or registered meil postage prepeid, directed to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br />address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br />otherwise provided or required by law, if there is more than one Trustar, any notice given by Lender to any Trustor is
<br />deemed to be notice given to all Trustors. It will be 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
<br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to
<br />this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or 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
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender end, to the extent not
<br />preempted by federel law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br />Deed of Trust has been accepted by Lender in the State of Nebraska. °°`
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, end ell
<br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br />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
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does nat
<br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br />that if Lender does consent tu a reyuest, that does no*. meen that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br />of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br />Trustor 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
<br />fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, e court will
<br />enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br />this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and essigns. If
<br />ownership of the Properry becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br />extension without releasing Trustor from the obligations of this Deed of 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
<br />counterclaim braught by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and weives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall heve the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Fremont National Bank and Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means JASON DANNELLY and ABBY DANNELLY and includes all co-signers and
<br />co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br />includes without limitation all assignment end security interest provisions relating to the Personal Property and
<br />Rents. •
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br />regulations and ordinances relating to the protection of human health or the environment, including without
<br />limitation the Comprehensive Environmentel Response, Compensation, and Liability Act of 1980, es amended, 42
<br />U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br />No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal lews, rules,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean eny of the events of defeult set forth in this Deed of Trust in
<br />the events of default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
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