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2� 1 ��7227
<br /> DEED �F TRUST
<br /> �Corlt�rlued} Page s
<br /> Trustee. Truste� shall meet a�l qua�if catians requ�red�vr�rustee und�r appli�able law. In additivn to the rights
<br /> and remedies set farth aba�e, with respe�t tn a!I vr any part of the Praperty, the Truste� shall ha�e the right ta�
<br /> foreclose by notice �nd sale, and Lender will ha�e the right to foreclose by judicial �oreclasure, in either case in
<br /> accordance with and tv the fu�l extent pravided by applicab�e law.
<br /> Suc�essvr Trustee. L�nder,at Lender�'s optian, may�rom time to #ime appaint a successo�Trustee ta any Truste�
<br /> appo�nted under this Deed af Trust by an instrument execu�ed and acknawledged by Lender and recorded in the
<br /> oTfice of the �-ecorder of Hall Cvunty, State af Nebraska. The instrument shal! contain, in addition to al� other
<br /> matters required by state 1aw, the names vf #he o�iginal Lender, Trustee, and Trustar, the book and page �ar
<br /> computer system reference} whe�e this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and ackn�wledged by al4 the benef�cia�ies undes th�s�eed of Trust or
<br /> their suc�essors in interest. The successor trustee, without con�eyance of the Prvperty, shall succeed ta all the
<br /> title, power,and duties conferred upon the Yrus#ee in this Deed ot Trust and by applicable�aw. This procedure tor
<br /> substitution vf Trustee shall ga�em to the exclusion of all other pro�isions fvr substitution.
<br /> N�TICES. Any nvtice required #o be gi�en under#his Deed�f Trus#, inciuding withvut I�mitativn any natice of default
<br /> and any nvtice of sale sha11 be gi�en in wrFting, and sha�i be effe�ti�e when actualiy deli�ered, when actually recei�ed
<br /> by#elefacsimile{uniess otherwise required by law],when depvsited with a nationaily reGogn�zed v�ernight courier,ar, if
<br /> mailed,when deposi#ed�n the United States mail, as first class, certified�r registered mail postage prepaid, directed to
<br /> ths addresses shown near the beginning�f this Deed of Trust. All capies of notices�f farecl�sure�rom the holder of
<br /> any�ien which has priority o�er this Deed of Trust shafl be sent#v Lender's address, as shown near the begin��ng v�
<br /> this Deed af Trust. Any persan may change his vr her address for nv#ices under this Deed of Trust by giving farmal
<br /> writt�n natice to the other person or persons, specifying #hat the purpose of the notice is ta change the person's
<br /> address. For notice purpnses,Trustar agrees to keep Lender informed at all times of Trustor's curren#address. Unless
<br /> otherwise pro�ided or required by law, if there is more than one Trustor, any natice gi�en by Lender to any Trustar is
<br /> deemed tv be notice gE�en to al�Trustors. It wi#I be Trus#or's respansibility#o tell the others of the nvtice from Lender.
<br /> MlSCELLANE��S PR�VISI�NS. The fo�fowing miscellaneous pro�isivns�re a part of this ❑eed v�Trust: �
<br /> Amendments. Vllhat is wr�tten in #his aeed af Trust and in #he Related Dacuments is Trustor's entire agreement
<br /> with Lender c�ncerning the matters co�ered�y�his �eed of Trust. To be ef�ecti�e, any change or amendment to
<br /> th�s Deed af T�rUst rx�usi be in writing and must be sig�ned by wht3ewe�-wil4 be bau�d vr ab���ated by the change or
<br /> amendm�nt.
<br /> Caption Head�ngs. �aption headings in this Deed of Trust are fvr cvn�enience purposes only and are not to b�
<br /> used ta interpret ar define�he pro�isians❑�this Deed of Trust.
<br /> Nlerger. There shall be no merger af the interest vr es#ate created by this Deed of Trus�with any other interest or
<br /> estate in the Proper#y at any time held by or fo�the�enefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Go�erning Law. This Deed of Trust wfll be go��rned by federal law applicable tv Lender and, ta #he ex#ent nvt
<br /> preempted by federai law,the laws of the State of Ngbraska without regard to its cor�flicts of law p�o��sions. Th�s
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Joint and Several LiabiEity. Aff vbligations af Trustor under this []eed of Trust sha�l be join� and se�eral, and all
<br /> referen�es tv Trustor shall mean each and e�ery Trustar. This means that sach Trustor sEgning beiow is
<br /> responsible fvr all obligations in this Deed af Trust.
<br /> No Wai►►er by Lender. Trustar understands Lender w�l! not gi�s up any of Lender's rights unde�-this Deed of Trust
<br /> unless Lender does sa in writing. The fact th�# L�nder del�ys or vmits ta exerctse any right will nvt mean that
<br /> Lender has gi�en up that right. If Lender�daes agree in wrEting to gi�e up vne of Lender's rights, that does nat
<br /> mean Trustor will not ha�e ta camply with the other pro�isivns af this Deed of Trust. Trustor also understands
<br /> that 4f Lender does cansen#tn a request, t�at does not mean that Trustor wil! nvt ha�e to get Lender�s cansent
<br /> aga�n if the situa�ion happens aga�n. Trustor further understands that�ust because Lender consents ta ane ar mare
<br /> vf Trustor's requests, that does na# mean Lender wil� be requ�red to cnnsent tv any of Trustor's future requests.
<br /> Trustvr wai�es presentment,demand far payment, pra�es#,and notice vf dishon�r.
<br /> Se►►eral�ility. �f a cou�t finds that any pra�ision of this Deed vf Trust is nat�a�id or should not be enforoed, that
<br /> fa�t by itself wi I! not mean that the rest af th is Deed of Trust wi I i not be�al id o�en#oroed. Therefo�e, a court wi I I
<br /> enforce the rest o�the pro�isions v#this Deed vf Trust e�en if a pro�isit�n vf this DeEd v�Trust may be found to k�e
<br /> i n�al id or unenforceable.
<br /> Successars and Assigns. Subject to any limita#ions stated in this Deed of Trust on transfer a�Trustor's interes#,
<br /> this Deed of Trust shall be binding upon and �nure to the benefit of the parties, their successors and assigns. �f
<br /> vwnership of the Praperty becom�s�ested in a person other than Trustvr, Lender, without n�tice to Trusta�, may
<br /> deal with Trustor's success�rs with reference tv this Deed❑f Trust and the lndebtedness by way af farhearance vr
<br /> � extensian wEthout releasin�Trustor from the obligati�ns of this Deed vf T�ust vr liability under the Indebtedness.
<br /> Time is of the Essence. Time is�f the essence in the performance vf this Deed vf Trust.
<br /> Wai�e Jury. A�I parties to this Deed of Trust he�eby wai�e the right tv any jury trial in any action, pro�eeding, or
<br /> caunterclaim brnught by any party against any vther party.
<br /> Wai�er af Homes#ead Exemption. Trustor hereby releases and wa��es all rights and benefits of the homestead
<br /> exemption laws af t�e 5tate o��lebraska as ta all lnd�btedness secured by t'his Deed af Trust.
<br /> DEFINITIDNS. The following words shall have the fvll�wing meanings when used�n this Deed��Trusf:
<br /> Beneficiary. The word "geneficiary"means Firs#National Bank vf�maha,and its successors and assigns.
<br /> Borrowe�. The word "Borrower" means Kevin M Pool and Lisa L Pao� and includes all co-signers and co-makers
<br /> s�gning the�redit Agreement and a#I their succsssors and assigns.
<br /> Credi� Agreemen#. The words "�redit Agre�ment" mean the credit agreement dated October 18, 2�16, Wlth
<br /> cred it lf1171t of $'I 44,���.�� from Trustc�r #o Lender, together wi�h all renewals of, extensians vf,
<br /> modifications af, ref nancings of, ovnsolidations of, and substitutians for th� promissary note or agreemen4. The
<br /> maturity date of this C�eed of Trus# is C]ckvbe� '18, ��46. N�TlCE TQ TRIJST�R: THE CREaIT AGREEMENT
<br /> C�NTAINS A VARIABLE INTEREST RATE.
<br /> Deed �f Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> �nc�udes without limitatian all assignment and security interest pro�isEons relating ta the Persanal Property and
<br /> Rents.
<br /> En��ronmental Laws. The words "En�irnnmental Laws" mean any and a�l state, �ederal and local statutes,
<br /> regulations and ordinances relating to the protection of human heatth vr the en�irvnment, including without
<br /> limitation the Comprehensi�e Environmentaf Response, Cvmpensati�n, and Liability Act of �98D, as amend�d, 4z
<br /> U.S.C. Sectivn 5fi4�, et seq. �"�ERCLA"�, the Superfund Amsndments and Reauthorizativn Act af '�98fi, Pub. L.
<br /> No. 99-499 ["SARA"},the Hazardous Materials Transportation Act, 49 U.S.C.Section 18D 1, et seq., the Resource
<br /> Conservation and Reca�ery Act, 42 U.S.C. Section 69D'!, et seq,, or vther applicable state or federal laws, rules,
<br /> or regulations adopted pu�suant there�v.
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