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DEED OF TRUST 2 p 12 p 4 914 Page 6
<br />Loan No: 11093�73 t � � ' (Continued)
<br />(including eiforts to modify or vacate any automaUc stay or inJunctlon), appeals, and any anticipated post judgment
<br />colle�tion services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, UUe insurance, and fees for the Trustee, to the e�ctent permitted by applicable law.
<br />Trustor also will pay any court costs, in addition 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 following actions with respect to the Property upon the written request of Lender and Trustor. (a) Join in
<br />preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br />public; (b) join in granUng any easement or creating any restrictlon on the Real Property; and (c) Join in any
<br />subordination or other agreement affectlng this D�d of Trust or the interest of Lender under this D�d of Trust
<br />Trustee. Trustee shall meet all qualificatlons required for Trustee under applicable law. In add(tion 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 pse 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 tlme appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and adcnowledged by Lender and recorded in the
<br />offlce of the recorder of Hall County, State of Nebraska. The instrument shalt contain, in add(tion 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 (s recorded, and the name and address of the successor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneflcia�ies under thls 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 confeRed upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br />substltuUon of Trustee shall govem to the exclusion of all other provisions for substituUon.
<br />NOTICES. Any notice required to be given under this Deed of Trust, induding without Ilmitation any noUce of default
<br />and any notice of sale shall be given in wriUng, and shall be effective when actuatly delivered, when actually received
<br />by telefacsimile (unless othervvise required by law), when deposfted with a natlonally recognized overnight courier, or, if
<br />mailed, when deposited in the Unfted States maii, 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 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 tlmes of Trustor's current address. Unless
<br />otherwise provided or required by law, if there is more than one Trustor, 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 noUce from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscetlaneous provisions are a part of this D�d of Trust
<br />Amendments. What is written in this D�d of Trust and in the Related Documents is Trustor's entire agreement
<br />with Lender conceming the matters covered by this D�d of Trust To be effecFJve, 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 />Captton 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 with any other interest or
<br />estate in the Property at any tlme held by or for the beneflt of Lender in any capacity, without the written consent
<br />of Lender.
<br />Goveming Law. This Deed of Trust will be govemed 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 provisions. This
<br />Deed of Trust has bean accepted by Lender in the State of Nebraska.
<br />Cholce of Venue. If there is a IawsuR, Trustor agrees upon LendePs request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Several Liability. 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 Watver by Lendar. 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 Deed of Trust Trustor also understands
<br />that ff 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 fiirther 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 />Soverabllity. If a court ftnds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br />fact by (tself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a 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 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 becomes vested in a person other than Trustor, Lender, without noUce 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 obUgaUons of this Deed of Trust or Ilability 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 ExempUon. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemptlon 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 D�d of Trust
<br />Beneflciary. The word "Beneflciary" means Platte Valley State Bank & Trust Company, and its successors and
<br />assigns.
<br />Borrower. The word "Borrower" means Karl Kostbahn and Phyllis J. Kostbahn and includes all co-signers and
<br />co-makers signing the Note and all their successors and assigns.
<br />Deed of Trus� The words "Deed of TrusY' mean this Deed of Trust among Trustor, Lender, and Trustee, and
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