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' 201404120
<br /> D�EQ �F T�UST
<br /> (Cor�tin��d),I Page s '
<br /> foreclose by notice a�d sale, and Lender will have the'right to forecfose by judicia! foreclosure, in either`case in '
<br /> accordance with an�to the fu[I extent prouided',by applieable law.
<br /> Successor 7rustee. Lender, at Lender`s option; may from time to time appoint a successor Trustee ta any Trustee '
<br /> appointed under this Qeed of Trust by'an instrument executed and acknowledged by Lender and recorded in the '
<br /> ofFice of the recorder of Nall>.CounYy,,5tate of Nebraska. The instrument shait contain', in addition to ail other '
<br /> matters requi�ed by state law, the name� of'the original Lender, Trustee, ar.d'Trustor; the book and page (or '
<br /> computar system reference) where this Deed of Trust is recarded, and'the narne and addrass of the successor '
<br /> trustee, and fhe instrument shdll be ex�cuted and aeknowledged'by all the beneficiaries under this'I7eed of Trust ar '
<br /> their successors in interest. The successor trustee, withoat conveyance of the'Prc�perty; shaG succeed ta aA tFte '
<br /> tiYle,'power,and duties conferred uponithe Trustee in th'is Deed of Trust and by applicable'law. This procedure for
<br /> substitution of Trustee shall govern to tihe exclusion o#a!I other provisions for substitution.'
<br /> N0710ES. fvny notice required to be given'under this Deed'of Trusf, including withcaut limitatican any notice of'default '
<br /> and any notice of''sale shail be gi�en in writing, antl shall be effective when actually,delivered,when actually received '
<br /> by telefacsimile(unless othervvise required by law),when deposited with a nationally recagnized overnight courier,or,if '
<br /> mailed,when deposited in the United States mail, as first cfass, certified or registered mail postage prepaid,directed to '
<br /> the adtleesses shown near'the beginning of'tfiis Deed of Trust. Afl �opies of notices of fore�losure from the halder t�f '
<br /> any [ien 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 persan may change his ar her adtlress for'notices u�der this Deed of Trust by giving formal '
<br /> written notice ta the other person or persons, specifying that the Ipurpose''of the notice is'to change the person's '
<br /> address. For notice purposes,Trustor agrees tQ keep Lender informetl at all times of Trustor's'current>address.'Unless '
<br /> otherwise'pra�ided or required by law, if iMere is more than'one Trustor, any notice given by,Lender to ar+y Trustor is '
<br /> deemed to be notice given'to aii Trustors. It wiii be Trustor's responsibility to'tell the others of the notice from Lender. '
<br /> MISCELLANEOUS PROVISIONS. The foll4wing misc�llaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What'is written in this'Deed of'7rust and in the'Related'Documents is Trustor's entire agreement '
<br /> w9th'Lender concerning the matters covered by this Qeed of Trust. To be efifective, any change or amendment to '
<br /> this Deed of Trust must be in Iwriting 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 Trus# are'for convenience,purposes only and are not to be '
<br /> used'ta interpref or define the'provisions of this'Deed of Trust. '
<br /> Merger. There shall be�o me�ger of the interest or estate created by this Deed of Trust with any other interest or '
<br /> estate in fhe Praperty,at any iime held',by or for the benefit of Lender i�any capacity, without the written consent'
<br /> of Lender.
<br /> Guverning Law. This'�Deed af Trust witl be gaverned,by federal la�nr appficable io Lender and, tQ the eXfent not��'�
<br /> preempted by federal3aw,the''Iaws af the State of Nebraska without regard to its conflicts of law provisions. This '
<br /> Deed of Trust has laeen accepted by Lender in the State''of Nebraska.
<br /> Jointi a�d Several I.iability. All obligations of Trustor under this Deed af Trust shali be jaint and'several,'antl all '
<br /> ee#erences to Trustor shall mean each and every Teustor. 'This means that each Trustor signing below is '
<br /> responsible for a[I obfigations in ihis Deed of Trust.
<br /> No Waiver by Lender.' Trustor understands Lender wilf'not give,lup a�y af Lendsr's Hghts'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 7rustor will nofi have to comply';.wifh the other provisions of this Deed of Trust. Trustor also understands '
<br /> that'if Lender does consent to a request, that''does not mean that Trustor wiil not have'to get Lender's consent '
<br /> again if the situation happens again. Trustor further understantls 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'Ifuture requests. '
<br /> Trustar waives presentmenf,demand for payment,protest,and notice of"dishonor.
<br /> Severability. 'If a court finds that any provision of this'Ueed of Trust is'not valid or should not be enforced, that'
<br /> fact'by itself'wil! not mean that the rest of this'Deed of Trust will not be valid ar'snforced. Therefore,a court will '
<br /> enforce the rest of the provisions of th'is Deed of Trust even if a'provisio�of this Deeei of Trust may be found to be'
<br /> invalid csr unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Ttustor's interest, '
<br /> this deed of Trust sha11 be binding upon and inure to the benefit of the,'padies,''their successors'and assigns. If '
<br /> ownership of'the Praperty becomes vested in a person'other than Trustor, Lender, without notice to 7rustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebted�ess'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 af the Essence. Time is of the'esse�ce`in the periormance of this Deed of Trust.
<br /> Waive Jury. A!1 par#ies to this Qeed of Trust hereby wai�e the,'right to any jury,trial in any action,proceeding, or '
<br /> counterclaim brought',by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives'a!I rights and benefits of the hornestead'
<br /> exernption laws of the State of Nebraska as to'all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The folfowing words shall have the following meanings when used in this Deed of 7rust'
<br /> Beneficiary. 7he word "Beneficiary"means First Natio�ai Bank of Qmaha,and its'successors and assigns. '
<br /> Sorrower. The word'"Borrower" means Jeffeey S Westerby and Joiyne M Westerby and includes all co,'-signers '
<br /> and co-makers signing the Credit Ageeement and aI{their successors and assigns.'
<br /> Credit Agreement. The words'"Credit f�greement"mean the credit agreement dated June 18, 2014, Wlth CY@d!t '
<br /> l�fYlf� Of $5,5,000.00 from Trustor to Lender, together with all renewals of; extensions of, modifications of, '
<br /> refinancings of, consalidations of, and'substitutions for the promissory Inote ar agreement. The maturity,date of'
<br /> this'Deed of Trust is June 18; 2d44. NOTICE 70 7RUSTQR: THE CREdIT AGREEMENT CQNTAINS A YARIABLE '
<br /> INTEREST RATE.
<br /> Deed of Trust. The words "Deed of�fTrusY' mean this Deed of Trust among Trustar, Lender, �nd Trustee, and '
<br /> includes without limitation all'assignment and'security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Enviranmenta[ Laws.' The words "Enuironmental Laws" mean any and ap state, federa! and local statutes, '
<br /> regu)latians and ordinances relating to the protection' of human health or lhe environment, including without
<br /> limitation the Comprehensive Environmental Response,,'Campensation, and Liability Act of t980, as amended, 42 '
<br /> U.S.C. Section 9601;'et seq.({°CERCLA"}, the'Superfund Amendments and Reauthorization Act of 9 986; Pub. L.
<br /> No.99-499 ("SARA"),the Hazardous Materials Transportation Aci,49 U.S.C.Seetion 1801,et seq.,the Resource '
<br /> Conservation'and Recovery Act, 42 U;S.G. Seetion 6901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default''mean any of th�events of default set farth in this Deed of Trust in '
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