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_ 2� 1 ��283�
<br /> DEED �F TRUST
<br /> �Conti n ued} Page s
<br /> Successor Trustee, Lender, at Lender's❑ption, may from tim�to time appvint a successvr Trust�e to any Trustee
<br /> appainted under this D�ed o�Trust by an ins#�-ument executed and acknflwledged by Lender and recarded in the
<br /> vffi�e of the recorder of Hall County, State vf Nebraska. The instrument shali contain, in additivn to a�l athe�-
<br /> matters required by state law, the names of the originaf Lender, Trustee, and Trustor, the bn�k and page (vr
<br /> computer system reference} where this ❑eed vf 7rust is recarded, and the name and addr�ss �af th� successor
<br /> trustee,and the instrument shall be executed and acknvwledged by all the beneficiaries under this Deed vf Trust ar
<br /> #heir su�cessvrs in �nterest. Th�successor trustee, withc�ut can�eyance of the Property, shall succeed to a�l the
<br /> #it�e, power,and duties conferred up�►n the Trustee in#h�s Deed�f Trust and by app{icab�e law. This procedure�or
<br /> substitution of Trustee sha1�gv�ern tv the�xclusion ofi al1 other pra�isions fvr substitution.
<br /> Nt�T10ES. Any notice required tv he gi�en under this ❑eed of Trust, including with�ut limitatEon any n�tice v�default
<br /> and any nvtice vf sale shall be given in writing, and shal� be effective when actually deli�ered,when actually recei�ed
<br /> by tefefacsimile{unl�ss otherwise required by Eaw},when depvsited with a natianally recognized o�ernight cvurier,or, if
<br /> mailed, when depos�ted in the Llnited States maii,as first class, certifed or registered mail past�ge prepaid, directed to
<br /> th�addresses sh�wn near the beginning v�this Deed vf Trust. Alf copies of nvtices ❑f fvreclosure frvm the hoider af
<br /> any �ien which has privr�ty o�er this Deed vf Trust shall be sent ta Lend�r's address, as shown nea�the beginn�ng vf
<br /> this Deed of Trust. Any person may change his vr her address for notices under this Deed of Trus# by gi�ing fnrmal
<br /> writ#en notic� to the other p�rsan or persons, specifying #hat the purpose of the n�tice is t� change the person's
<br /> address. Far natice purpases,Trustvr agrees to keep Lender informed at a!!times of Trustor's current address. Unless
<br /> otherwise pra�ided vr required by law, if there is mvre than one Trustor, any notic�given by Lende�to any Trustor is
<br /> deemed tv be n�tice g��en to a!1 Trustvrs. It wifl be Trustor's respon�ibility ta t�l�the o#hers of the noti�e from Lender.
<br /> MISCELLANE�US PR�VISIflNS. The fvll�awing miscellaneous pro�isions are a part af#his Deed c�f 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 cv�ered by this Deed of Trust. To be effecti�e, any change❑r amendment tv
<br /> this �eed vf Trust must be in writing and must be signed by whoe�er will be bvund vr obiiga�ed by the change❑r
<br /> amendment.
<br /> �aption Headings. Caption head�ngs in this Deed af Trust are for can�enience purposes only and are nvt to he
<br /> used tv interpret vr define th�provisions af th�s Deed of Trust.
<br /> Merg�r. There sha�l be no merger of the interest vr estate�reated by this❑eed af Trust with any�ther inter�s�❑r
<br /> estate in the Property at any time hefd by ar far the benefit of Lender in any capacity,without the written cvnsent
<br /> vf Lender.
<br /> Go�erning Law. This Deed o�Trust will be go�erned by federa� �aw app�icabie to Lender and, #o the extent not
<br /> preen�pted hy federal law,the laws of the Sta#e af Nel�raska without regard to its confl�cts vf law pro�isionS. This
<br /> Deed of Trust has been a��epted by Lender in the State af Nebraska.
<br /> Jvint and Se►►eral Liability. All ❑bligations of Trustor under this Deed of Trust shail be jaint and se�erai, and al�
<br /> references tv T�ustor shafl mean each and e�ery Trustor. This means that each Trustar signing belaw is
<br /> respvnsible for ai!flk��igations in this Deed Qf Trust.
<br /> No Vllai�er by Lender. Trustvr understands Lender will not gi�e up any vf L�nder's rights under this Deed af Trust
<br /> unS�ss Lender does so in wrii�ing. �he fa�t that Lender delays ar omifs to �xercise any right will not mean tha�
<br /> Lender has given up that right. If Lender does agree in writing tv gi�e up one of Lender's rights, that does nat
<br /> mean Trustor wili not have to comply with the other pro�isions of this Deed ❑f Trust. Trustor also understands
<br /> that if Lender dves consent to a request, that d�es nat mean that Trustar will not ha�e �v get Lender's cansent
<br /> again if the situation happens again, Trustvr further understands#hat just because Lender cansents ta vne or more
<br /> of Trus#vr's requests, that dves not mean Lender will be required ta cansent to any o�f Trus#or's future requ�sts.
<br /> Trustor wa��es presentment,demand for payment,prvtest,and nvtice of dishonvr.
<br /> Se�erabi�ity. If a cvurt finds that any pra�ision vf this Deed af Trust is not�alid or should nvt be enforced, that
<br /> fact by itse�f will not mean that the rest af#his❑eed vf Trust will not be�alid or enforced. Th�refore, a court will
<br /> enf�rce the rest o�the pra�isions of this Deed of Trust eWen if a pro�ision v�#his Deed of Trust may be found to be
<br /> in�alid or unenforceable.
<br /> Successors and Assigns. Subjec�ta any Ifmitations stated in this Deed �f Trust on transfer vf Trustvr's interest,
<br /> th�s Deed of Trust shafl be binding up�n and inure tv the benefit of the parties, their successors and assigns. �f
<br /> awnership d�the Prvperty becomes�ested in a person nth�r than Trustar, Lender, wi#hout notEce#v Trustar, may
<br /> deal with Trustor's successors with reference to this Deed vf Trust and the Indebtedness Ivy way of fvrbearance or
<br /> extensivn without releasing Trustvr from the ob�igations vf this❑eed of Trust ar liability under the Indsbtedness.
<br /> Time is of the Essence. Time is vf#he essen�e in the perForman�e af this Deed of Trust.
<br /> 1Nai�e Jury. AI! parties to this Deed of Trust h�reby wai�e the right ta any jury trial in any action, prnceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Wa��er af Homestead Exemption. Trustar hereby releases and wai�es al� righ#s and bene�its of th� hvmestead
<br /> exempt�on laws af�he State of Nebraska as tv al1 Indeb#edness secured by this D�ed of Trust.
<br /> DEFIN�TI4NS. The fo!lowing words shali ha�e the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Benefi�iary"means First Nativnal Bank o��maha,and its successors and assigns.
<br /> Borrower. The wvrd "Borrower" means Michaei A Donner and Amanda J ❑onner and in��udes alf co-signers and
<br /> co-makers signing the Credit Agreem�nt and all their successors and assigns.
<br /> Credif A reement. The wards"Credit Agreement" mean the �redit agreement dated May 3, 247�, with credi#
<br /> iimit o�$�9,OL��.d� from Trustnr tv Lender, tagether with all renewals of, extensivns o�, modifcations vf,
<br /> refnancings of, cvnsolida�ions of, and substitutians for the promissvey note or agreement. The maturity date af
<br /> this Deed ofi Trust is May 3, 2046. NaTICE T� TRUST�]R: THE CREDIT AGREEMENT CDNTAINS A VARIABLE
<br /> �NTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trus# among Trustar, Lender, and Trustee, and
<br /> includes without limitation all assignmen# and security interest prv�isions relat�ng to the Personal Prvperty and
<br /> Rents.
<br /> Envirar�rr�ental Laws. The words "E�vf�-onmental Laws" mean any and al� sta�e, federal and lacal statu�es,
<br /> regulativns and vrdinances relating to the pro�ectivn of human health or the en�ironment, including withvut
<br /> Eimi�ation the Comprehensive En�irvnmental Response, Compensation, and Liab��ity Act of 1980, as amended, 42
<br /> IJ.S.C. Section 9��1, et seq. �"�ERC�.A"}, the Superfund Amendments and Reauthoriza�ivn Act o# 198C, Pub. L.
<br /> No. �9-499("SARA"},the Hazardous Materiafs Transpvrtation Act,49 U.S.C.Section 18Q'I,et seq.,the Resource
<br /> �vnservation and Recv�ery Ac#, 4� �,S.C. Section fi9�1, et seq., vr other applicable s�ate ❑r federal laws, rules,
<br /> or regulativns adapted pursuant theretv.
<br /> E�ent of Defau�t. The wards"E�ent of Defauit"mean any v�the e�ents of default se#fvrth in this Deed vf Trust in
<br /> the e�en#s af defauit section of this Deed vf Trust.
<br /> Existing lndebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Exist�ng Liens
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