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DEED OF TRUST � p� 2 0 2 3 9� 5
<br />(Continued) Page 6
<br />without limitation, however subject to any limits under appiicable law, LendePs attorneys' fees and Lender's legat
<br />expense,s, whether or not there is a lawsuit, (ncluding attorneys' fees and e�enses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anUcipated post judgment
<br />collection services, the cost of searching records, obtaining title reports (including forectosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br />Trustor also will pay any court costs, in addiUon to all other sums 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 TRUSTEE. The following provisions relating to the powers and obligations of Trustee
<br />are part of this Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to
<br />take the followfng actions with respect to the Properly upon the written request of Lender and Trustor: (a) join in
<br />preparing and flling a map or plat of the Real Property, including the dedicaUon of streets or other rights to the
<br />public; (b) join in granting any easement or creaUng any restriction on the Real Property; and (c) join in any
<br />subordinatfon or other agreement affecting this Deed of Trust or the interest of Lender under thisvDeed of Trust.
<br />Trustee. Trustee shall meet all qualiflcations required for Trustee under applicable law. In addition to the rights
<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, and 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, at Lender's option, may from time to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an fnstrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addiUon to all other
<br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br />computer system reference) where this Deed of Trust is recorded, and the name and address 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 Prope►ty, 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 govem to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, fncluding without limitation any notice of default
<br />and any notice of sale shall be given in writing, and shall be effective when actually delNered, when actually received
<br />by telefacsimile (unless otherwise required by law), when deposited with a natfonaliy recognfzed ovemight courier, or, if
<br />mailed, when deposited in the United States mail, as flrst class, certified or registered mail postage prepaid, 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 Iien which has priority over this DPed of Trust shall be sent to Lender's address, as shown near the beginning of
<br />this Deed of Trust. Any person may change h(s or her address for notices under this Deed of Trust by givfng 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 TrustoPs current address. Untess
<br />otherwise provided or required by law, if there is more than one Trustor, any notice g(ven 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. Tfie 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 Trusto�'s entire agreement
<br />with Lender concerning the matters covered by this DPed of Trust. To be effective, any change or amendment to
<br />this Deed of Trus,t must be in writing and must be signed by whoever will be bound or obligated by the change or
<br />amendment.
<br />Captlon Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br />used to interpret or deflne 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 w(th any other (nterest or
<br />estate in the Property at any time held by or for the beneflt of Lender in any capacity, without the written consent
<br />of Lender.
<br />Governing Law. This Deed of Trust wlll be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provlslons. This
<br />Deed of Trust has been accepted by Lender fn the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrces upon Lender's request to submft to the jurisdfctlon of the
<br />courts of Hall Courriy, State of Nebraska.
<br />Joint and Several Liabtlity. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<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 LendePs 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 not
<br />mean Trustor will not have to comply with the other provisions of this Dced of Trust. Trustor also understands
<br />that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens again. Trustor turther 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 />Severabllity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforo�, that
<br />fact by itself will not mean that the rest of th(s Deed of Trust will not be valid or enforc�d. Therefore, a court will
<br />enforce the rest of the provlsfons of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br />irnalid or unenforoeable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustors interest,
<br />this Deed of Trust shall be binding upon and inure to the beneflt of the parties, their successors and assigns. If
<br />ownership of the Property becromes 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 forbearan� or
<br />extension without releas(ng Trustor from the obligat(ons of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essenc� in the pertormance of this Deed of Trust.
<br />Walver of Homestead Exemptlon. Trustor hereby releases and waives all rights and beneflts 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 have the following meanings when used in this Deed of Trust:
<br />Beneflclary. The word "Beneflciary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means W111iam R Jacobs and Kellie L Jacobs and includes all co-signers and
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