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<br /> � � � . � 2� 1 ��451 �
<br /> � DEED �F TRUST . � - � -
<br /> . . � Loan No: 569'I�9 � tC�i7tlnued� . . . Page �
<br /> � and remedies set forth abo�e, with respec� to all or any part of the Prvperty, the Trustee shall haWe the right to �
<br /> forec�ase by noti�e and sale, and Lender w�l� ha�e the right tv fore�lase by judicial fvr�closure, in either case in
<br /> accardan�e with and to the tujl extent pra�ided by applicable law, � . � �� �
<br /> - SLICC855Q�T�L]StBB. Lender, at�Lender's option.,may from time�tv time appaint a su��essar Trustee to any Trustee -
<br /> . � appainted under this �]eed af Trust by an instrument executed and acknowledgsd by Lender and recorded in the
<br /> . �ffice of �he recorder a� Hall Caunty, State afi Nebraska. The instrument shall contain, in addition ta all other �
<br /> . . matters rsquired by state law, the names ot the original Lender, Trustee. and Trustvr. the bvak.and page tor .
<br /> . computer system reference� where this De�d ❑f Trust is recorded. and the name and address of #he successor � �
<br /> � trustee, and the instrument shali be executed and acknvwledged by a��the beneficiaries under this De�d of Trust or � � �
<br /> ' their successors in int�rest. The su��essar trustee, without con�eyance flf the Property, shall suc�eed to all the . . .
<br /> title� pawer. and duties canferred upon the Trustee �n�his Deed of Trus#and by applicable �aw. This procedure fvr �
<br /> subs�i�ution of Trustee shall go�ern to the exciusion o#a!I vther pro�isi�ns for substitution.
<br /> � N�TICES. Any notice required to be gi�en under this ❑eed o# Trust. �ncluding without limitativn.any,natice o# default �
<br /> � and any nvtice of sale shall �e gi��n in writing, and�shal� be etfect+�e when actually deli�ered, when actually recei�ed
<br /> . . by telefacsimi�e �uniess o�herwise required by Iawy, when deposited with a nationally recvgnized o�ernigh�courier, or, if
<br /> mailed. when deposited in the United States.mail, as first class� certified or rsgistered mail postage prepaid, directed tv
<br /> . the addresses sh�wn near.th� beginning of th�s Deed ❑f Trust. A�I cvpies ❑f natices vf #oreciosu�e #rom the.ho�der of
<br /> � � � � any lien which has priority o�er th�s ❑eed of Trust sha�E be sent tv Lender's address, as shown near the beginning of
<br /> - � this Deed of Trust.� A�ny person may change his or her address for notices under this Deed of Trust by gi�ing fvrmal
<br /> written nv#ice to the vther person or persons. specifying that the purpose of the nati�e is tv change the person's
<br /> � address. For not'r�e purposes,Trustor agrees to k�ep Lender informed at all times of Trustor's current address. Unless .
<br /> .. otherwise pro�ided.or required by law, if there is mo�e than vne Trustor, any notice gi�en by Lender to any Trustor is
<br /> deemed x�be notice gi�en to a��Trustors. �t will be Trustvr's respvnsibifity to tel�the others�f the nati�e frvm Lender.
<br /> . . M�SCELLANE�US PR�VISIDNS. The faltow�ng miscellaneous pro�isivns are a part of this ❑eed o#Trust: �
<br /> Amendments. What is written in this Deed of Trust and in the Related aocuments is Trus#or's entire agreement
<br /> , with Lender can�erning the matters co�ered by this Deed of Trust. To be effecti�e, any�hange�or amendment tn
<br /> this ❑eed of Trust must be in writing and must be signed by whve�er will be baund nr�bligated by.the change vr .
<br /> amendmen�. .�. � � . �
<br /> � Capti�n Head�ngs. Caption headings in th�s Deed o€ Trust are far con�enience purposes only and are not t❑ be .
<br /> used to interpret�or define the pro�isi�ns of this Deed of Trust. � � � -
<br /> . � . � . ;
<br /> Mergsr, There shall be no merger af the interest or estate created by this Deed af Trust with any other interest ar
<br /> . estate in the Property at any time held by or fvr the.benefi�of Lender in any�apacity� without the wrFtten �onsent �
<br /> . _ ❑f Lender. �� � �
<br /> � �o�erning Law. This Deed o#Trust will be go�ernsd hy tedera!.law appli�able #o Lender and, to #he extent nvt
<br /> preempted by federal iaw,the laws.of the 5#ate ot Nebraska�w�thvut regard to its conflicts o#law pra�isions. This .
<br /> .- Deed of Trust�has been a�cepted by Lender.in the State of Nebraska. . � .
<br /> . � . Cho�ce of Venue. lt there is a lawsuit.�Trustor�agrees upon Lender's request to su�mit to the jur�sdi�tion af the� � �
<br /> ' COur#5 Df SCnttS Btuff��unty. 5tate o#Nebras.ka. � . � � . �� . .
<br /> � Joint and Se�eral Liability. All obligatians of Trustor under this ❑eed of Trust shall be joint and se�eral,-and all � . .�
<br /> ref�ren�es to Trustor sha�! mean each and e�ery Trustar. .� This means that each Trust�r signing beEvw is. �
<br /> � respvnsi�le far a�i�obligations in this Deed.of Trus#. , . � . � _ �
<br /> � 1Vo Wa+�sr by Lender. Trust�r understands Lender wiii not gi�e up any o� Lender's rights under this L7eed�f.Trust �
<br /> unless Lender does sv in writing. The fact�that Lender delays ❑r omits to exercise any right wF�l nvt mean that
<br /> Lender has gi�en up that right. I# Lender does agree in writing ta gi�e up one of Lender`s rights, that does not
<br /> � mean Tr-ustor will not ha�e to camply with the ❑ther pra�isians o� �his Deed of Trust. Trustor also understands
<br /> that if Lender�dfles consent to a request. that dfles nvt mean that Trustor wi{I not ha�e �o get Lender's consent
<br /> � again ifi the situativn happens again. Trustor further understands that just hecause Lender consents to one❑r mvre
<br /> , of Trustor's requests, that does no� mean Lender wili be required �v c�nsent to any of Trustor's future requests.
<br /> � Trustvr.wai�es presentment, d�mand far payment, protest, and n�tice of dishonor,
<br /> . 5e�era�ility. I� a�caurt finds that any pro��sion o# t�is Deed.o�Trust is not �alid or shou�d not be enforced, that �
<br /> � fact by itself will not mean�hat the rest of this Deed of Trust will not be �alid ar enfarced. Therefare� a�court wil� .
<br /> enfor�e the rest❑f the pr���s+ans af this Deed of Trust e�en if a pro�isian of this Deed ofi Tr.ust may be found to be
<br /> � . . in�alid or unenfvrceable, �
<br /> � Suc�essors and Assigns, Su�ject ta any:limitations stated in this D�ed of Trust on transfer of T�ustor's interest,
<br /> this �]eed vf Trust shall be binding upon and inure to the benefi� vf the parties, their successors and assigns. I#
<br /> awnership of the Property becomes �ested in a person ather than Trustor, Lender, without nvtice to_Trustor. may
<br /> ,- �dea�with Trustvr's successors with reference to this Deed of Trust and the indebted�ness by way of forbearance or
<br /> . extension without releasing Trustot fr:om the❑biigations ot this Deed❑f Trust ar liability under the indebtedness.
<br /> Time is v�the Ess�nce. Time is of the essence in the per�ormance af this Deed af Trust. �
<br /> � 1Nai►re Jury. All parties to this Desd of Trust hergby wai�e the right to any jury#rial in any actian. proceeding. or
<br /> � � �ounterc�a�m brought by any�party aga�nst any other party.
<br /> . �IVai�er of Hvmestead Exemption. Trustor hereby �e�eases and wai�es a!I rights and benefits of the homestead
<br /> exemption laws o�the State of Nebraska as t�all Indebtedness secured by this Deed ofi Trust. . � �
<br /> DEFIN�TIaNS. The fo�lowing words shall ha�e the f�llvwing.meanings when�used in this Deed at Trust: �
<br /> �Benef�ciary. The word "Benef�ciary" rneans Fi�st State �ank, and�its successors and assigns: � � � � �
<br /> Borrawer: The wo�d "Hvrror►v�r" means Roger E. Ho�singer and 5tephanie C.�Holsinger and includes all co-signers �
<br /> . � � and co-makers signing the Note and all their successars and assigns. � � � . � � � . � �
<br /> � � Deed of Trust. The�words "Deed of Trust" mean #his Deed�of.Trust among Trustor, Lender, and�Trustee, and� � �
<br /> includes without limitation a!1 assignment and security interest pro�isions relating to the Personal Property and
<br /> �� Rents. - � �� � � .
<br /> .� En�ironmental Laws. The words "En�ironmental Laws" mean any and all state, federa! and Ioca1. statutes, �
<br /> � regulativns and vrd�nances re�ating #o the prvte��ivn o# human hea�th or the en�ironment, including without .
<br /> � � . � ��mitation the Comprehensi�e En�ir�nmental Respanse. Cvmpensativn, and Liability Act ofi 198�� as amended, 42 �.
<br /> U.S.C. Section 9��1, et seq. �"CERCLA"y, the Supe�fund Amendments and Reautharizativn Act vf 7 986; Pub�. L. .
<br /> � . � No. �9-499 �"SARA"}, the Hazardous Materia�s Trangportativn�Act,49 U.S.�. Se�tion 18a1, et seq., the Resour�e . ,
<br /> � Conser�ation and Recv�ery Act� 42 LI.S.C. SeGti�n $941, et s�q., or other applicable state or #edera��laws� rules, �
<br /> . .. or regulations adapted pursuant thereto. � . . � �
<br /> a , .
<br /> � � � E�ent of De.fauit. The w�rds "E�ent af Defauit" mean any of the e�ents of default set farth in this Deed of Trust in . �_
<br /> . � the e�ents of default.section of this Deed of Trust. � � �
<br /> Gua►anty. The word "Guaranty" means the guaranty from guarantvr, endorser, surety, or accommodation party�to
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