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��14�4575 <br /> �EE� D F TRLJST� <br /> �C�ntinu�d� Pag� 4 <br /> without limitatian, howe�e� subject ta any limits under applicabla law, Lender's atto�neys' fees and Lender's legal <br /> ex�pensas. whether ar no� there is a lawsuit. includ�ng attorneys' f�es and expenses for bankruptcy proceedings <br /> tincluding ef�orts ta modi�y or�acate any automatic stay or injunctiony�appeals. and any anticipa�ed post-judgrr�ent <br /> collection ser�icss, the cost of sear�hing records, obtaining title reports �including foreclvsure reports�, surrrayors' <br /> repvrts, and appraisa! fees, title insur�nce, and �ees for the Trustee, ta the extent permitted by appiicable.law. <br /> Trus#or also will pay any c�urt costs, in addition to all other sums pro�ided by law. <br /> MiSCELLANEDUS PRQVISIQNS. The foliowing miscellaneous pra�isions are a part of this ❑eed vf Trust: <br /> Governing Law. This Deed o# Trust will be go�erned by feder�l law applicable to Lender and, tv the extent not <br /> preempted by federal law,the laws of the State of Nebr��ka�without regard tv its cvn�iicts af law pro��sions. Th�s <br /> aeed of Trus#has been accepted by Lender in#he 5#ate vf Nebr�ska. <br /> Time is of#he Essence. Time is of the essance �n#he perf�rmance o,f this ❑eed of Trust. <br /> Waiver v# Hamastead Exemptian. Trusta� hereby releases and wai�es all rights and benefits of the homestead <br /> exemption laws of the State of Nebraska as ta at� lndebtedness se�ured by this ❑eed of Trust. ' <br /> DEFiNtTi�NS, The fQllowing wvrds shall ha�e the follawing meanings when used in this ❑eed vf Trust: <br /> Bene�iciary. The ward "Beneficiary" means PINNA�LE BANK,and its successors and assigns. <br /> Borrower. The word "Borrvwer" means KURT C HESSER and JEAN HESSER and includes all co-signers and <br /> co-makers signing the Nvte and a��their successars and assigns. <br /> Deed of Trust. The wvrds r�Deed of Trust" mean th�s ❑eed of Trust amang Trustor, Lender, and Trustee, and <br /> includes wi#hout limitation al� assignment and security interest pra��sions reEating to the Persona� Prvperty and <br /> Rents. � <br /> En►►iranmental Laws. The wards "En�ironmen#al Laws" mean any and all state, federal and �acal statutes, <br /> regulations and ord�nances relatin� to the protectivn of human health ar the en�ironment� �ncluding withaut <br /> lim itation the Gom prehensi�e En�irvnmentai Response, C�m pensation, and Liability Act o# 1 J$�, as amended, 4� <br /> U.S.C. 5ection 96�"�, et seq. �"CERCLA"), the Superfund Arnendments and Reauthorizat�on Act of 19$6, Pub. L. <br /> No. 99-499 ("SARA"y.the Hazardous Materials Transportation Act,49 U.S.C. 5ectian �8�1.et seq..the Resvurce <br /> Conser►►ation and Reca�ery Act, 42 LI.S.C. 5ectivn 69�1, e# seq., or other applicable state o� federal laws, ru�es, <br /> or r�gu�a�ians adopted pursuant thereto. <br /> Even#vf Default. The words "E�ent of Defeult" mean any af the e�ents of default se##orth in this aeed a#Trust in <br /> the e�ents of default section of this ❑eed af Trust. <br /> Existing Indebtedness, The words "Existing Indebtedness" mean the indebtedness desGribed in the Existing L�ens <br /> pro�ision of this ❑eed of Trus�. <br /> Guaranty. The word "�uaranty" means the guaranty fram guarantor,endorser, surety, or accommoda#ion party ta <br /> Lender, including without iim itation a guaranty of all or part of the Nvte. <br /> Imprv►►ements. The ward "�mpro�ements" means a[� existing and future impro�ements, buildings, struc#ures, <br /> mobile homes affixed �n the Reai Property, facilities, additions, replacemen#s and other construction on #he Real <br /> Prvperty. <br /> Indebtedness. The wvrd "Indebtedness" means all p��ncipal. interest. and other amounts. casts and expenses <br /> payable under the Nofie ar Related Documents, tage#her with all renewals of,,extensians of, modifications of; <br /> cvnsolidations of and subs#i#u#ions for the Note �r Related aocuments and any amounts expended or ad�anced by <br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's <br /> obligations under this ❑eed of Trust,together with interest on such amounts as pro�ided in this ❑eed of Trust. <br /> Lender. The word "Lender" means PINNACLE BANK, its successors and ass�gns. The wards "successors or <br /> assigns" mean any person or campany that acquires any interest in the Note. <br /> Note. The word "Note" means the promissory note dated July 21,.:�014, in the �riginal prin�ipa� amount <br /> �f $�D.���.�� from Sorrawer to Lender, t�gether with all renewa�s o�, extensians of, mvdificatians of, <br /> refinancings of,consolidat�ons vf, and substitutions for the promissary nate ar agreement. <br /> Personal Praperty. The words "Personal Prop�rty" mean all equipment, fixtures, and other articles of person�l <br /> property now or hereafter owned by Trustar. and now or hereafter attached or affixed to the Real Property; <br /> tagether with all accessions, parxs, and additi�ns to, all replacements of, and a�� substitutions for, any o� such <br /> prvperty; and together wi�h all proceeds �including withvut lim itation al! insurance proceeds and �e�unds of <br /> premiumsy from any sale or other disp�sition of the Property. � <br /> Property. The word "Prope�ty" means collecti�ely the Real Property and the Persona�Praperty. <br /> Real Property. The wnrds "Real Praperty" mean the real property. interests and rights. as further described in this <br /> Deed of Trust, <br /> Reiated D�cuments. The words "Related Documen#s" mean all promissvey notes, credit agreemen#s, lvan <br /> agreements, en�ironmental agresments, guaranties, security agreements, mortgages, deeds of trust, security <br /> deeds, cvllateral mortgages, and a�i ather instruments, agreements and documents, whether now or hereafter <br /> existing. executed in connection with the Indebtedness. <br /> Rents. The word "Rents" means ail present and future rents� re�enues, income, issues, �ayalties. prvfits, and <br /> other benefits deri�ed from the Praperty. <br /> Trustee. The word "Trustee" means P�NNA�LE BANK, whose address is 14�1 N STREET, L�fVG�LN, NE �$5�8 <br /> and any substitute or successor trustees. <br /> Trustvr. The word "Trustor" means JEAN HESSER. <br /> TRUST�R ACKN�WLEDGES HAVING REAd ALL THE PR�VISI�NS �F TH15 aEED �F TRIIST, AND TRUST�R <br /> AGREES T�ITS TERMS. <br /> TRUST�R: ' <br /> X <br /> JEAN H ER <br /> � <br />