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2� 1 ��74�8
<br /> �EED �F TRUST
<br /> Loan No: 167�225 �Cnntltlued} Page �
<br /> public; Ib� jain in granting any easement or creating any restriction fln the Real Praperty; and icy jo�n in any
<br /> suhflrdination or other agreemen�af#ecting this Dsed o�Trust or the inter�st of Lender under this Deed vf Trust.
<br /> Trustee. Truste� shali meet all qu�fi�i�ativns required #or Trustee und�r applicable Eaw. ln addition ta �he rights
<br /> and �emedies set forth abo�s, with respect to all or any part of the Property, the Trustee shali ha�e the right to
<br /> fare�lose by natice and sale, and Lender wiff �a�e the rigF�t to foreclase by judicia( forec[osure, in either case in
<br /> accordanGe with and to the ful�extent proWided by app��cable law.
<br /> Successor Trus#ee. Lender, at Lender`s opt�on, may#rvm time to �ime appoint a successor Trustee to any Trustee
<br /> appointed under this Deed vf Trust by an instrument executed and acknvwledged by Lender and rec�rded in the
<br /> o�fice o� the recorder of HALL County, 5tate of Nebraska. The instrument shall conta�n, �n addition to all ath�r
<br /> matters required by state law, the names af the vriginal Lender, Trustee, and Trustor, the book and page �or
<br /> Gamputer system referencey where this ❑eed of Trust is rec�rd�d, and the name and address of the successor
<br /> trustee, and the instrument shail be executed and acknawfedged by aii th�beneficiaries und�r this aeed af Trust or
<br /> the+r successors in interest. The sUc�essar trustee, without con�eyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this ❑eed vf Trust and by appl�ca�le faw. This procedure for
<br /> subst�tution of Trustee shall 9o�ern to the exclusion af ali other pro��sions far substitution.
<br /> N�TICES. Any notice �equired tv be gi�en under this Deed vf Trust, including w�thout limitatian any notice of default
<br /> and any notice of safe shall be gi�en in writing, and shall be effect'r�e when actually deEivered, when actua�ly re�ei�ed
<br /> by telefa�simtle tunless otherwise requir�d by law�, when deposited with a nationally recognized ❑�ernight �ourier, or, i�
<br /> maiied, wF�en deposi�ed in the United �tates maii, as first ctass, certified or registered mai� pastage prepaid, drr��ted to
<br /> the addresses shown near �he beginning of this �eed of Trust. All c�pies o# notices ot fareclosure from the ho�de� o#
<br /> any lien which has priarity o��r this D��d �f Trust shall be sent to Lende�'s address, as shvwn near the heginning ot
<br /> this Deed af Trust. Any persan may chan�� his a� her address for natices under this ❑eed of Trust by gi�ing formal
<br /> written notice to the other pers�n or persons, specifying that the purpose of the notice �s ta change the person's
<br /> address. Fvr notice purposes, Trustor agrees to keep Lender infflrmed at ali times a�Trus#o�'s cu�rent address. UnEess
<br /> otherwise pro�ided or required by law, if there is more than one Trustor, any noti�e gi�en by Lender to any Trustvr is
<br /> d�emed tv be notice gi��n to all Trustars. It will be Trustor's responsibility t� tel� the athers of the notice from Lender.
<br /> MiSCELLANEDUS PR�VlSIDNS. The fa�lawing miscellaneous pro�isivns are a part of this ❑eed af Trust:
<br /> Arnendments. What is written in this Deed o# Trust and in the Re�ated Documents is Trustor's entire agreement
<br /> with Lender concerning the matters co�ered by this Deed v# Trust. Ta be effe�ti��, any change or amendment to
<br /> this Desd �f Trust must be in writing and must be si�ned by ►nrhoe�er wi11 be bound or obligated by the �hange or
<br /> amendment.
<br /> �aption Headinys. Cap�ion headings in this Deed a# Trust are for con�enience purpos�s only and are not to �e
<br /> used tv incerpret qr define the pro�isions vf�his Deed�f Trust.
<br /> Merger. There shalt be no merger af the interest or estate created by this Deed of Trust wtth any other interest or
<br /> estate in the Property at any t�me he�d by or far the benefit af Lender in any capa�ity, without the written consent
<br /> a� Lender.
<br /> Go�erniny Law. This Daed of Trust will be ga�erned by federa! law applicable to Lender and, ta the extent nat
<br /> preempted by federa�law, the laws af the State of Nghraska without regard to its confiicts of iaw provisivns. This
<br /> �eed of TrUst�as beer�a��e�fec!by�ert�ier�n�he 5tate at A�ebraska.
<br /> �hoice of Venue. lf there is a lawsuit, Trustor agree� upon Lender's request to submit io the jurisdiction of the
<br /> courts vf PERKlNS County, State of Nebraska.
<br /> Joint and Se�era! Liability. AEI ob�igatians of Trus�or und�r this �eed Qf Trust shall be jvint and s���ral, and a�l
<br /> referenc�s to Trustor shail mean �ach and e�ery Trustor. This m�ans that each Trustor signing beEvw is
<br /> responsible for ail obfiga�ians in th�s Deed vf Trust.
<br /> No 1N�iver b�Lender. Trustor unde��ta�ds Lende� wiJl �o�gr����an�of�.errder's r�gh�s c�nder t�+s Deed a� �rust
<br /> unless Lender does so in wri�ing. The #act that Lender delays or amits ta exercise any right w�ll nat mean that
<br /> Lender has gi�en up that righ�. If Lender daes agree in writing ta give up one of Lender's rights, that does nat
<br /> mean Trustor wi�l nat ha�e to comp�y with the other praViSiOnS of this Deed of Trust. Trustor afso under�tands
<br /> that if Lender daes consent ta a request, that does not mean that Trustor will nvt ha�e to get Lender`5 consent
<br /> again if the situation happens again. T�ustar further understands that jus�because Lender�onsents to one vr more
<br /> of Trustor's requests, that does nvt mean Lender will be required tn consent to any af Trust�r's fuxure requests.
<br /> Trustar wai�es presentment, demand for paymen�, prates�, and nat+ce of dishon�r.
<br /> 5e�erability. �f a court f�nds that any pro�ision of this Deed ❑f Trust is not �alid or should not be enforced, that
<br /> fact by itsel� will hvt mean ihat the rest at this Deed a#Trust wil� not be �alid or enforced. Theref�re, a caurt wil!
<br /> enforce the rest of the pra�isions af this ❑eed of Trust e�en if a pro�+sian ❑f this Deed af Trust may be found ta be
<br /> in�alid or unsnforceable.
<br /> 5uccessors and Assigns. Subje�t to any limitations stated in ihis Deed vf Trust on transfer of Trustor's interest,
<br /> this Dee�i ❑f Trust shall be binding upvn and inure to the benefit of the parties, their success�rs and assigns. tf
<br /> ownership of the Praperty becomes vest�d in a person orher ihan Tr�sior, Lende�, w��ho�� r�o�r�e tQ �rustar, ma�
<br /> deal with Trustar's successars wi�h reference to�his Deed af Trust and the Indebtedness by way of�orbearance or
<br /> extensEon without releasing Trustor from the obligations of this Deed of Trust ar liability under the lndebtedness.
<br /> Time is of the Essence. Time is of the essence in the performan�e of this ❑eed af Trust.
<br /> 1Nai�e Jury. Atl parties to this Deed of Trust her�by wai�e the right to any jury trial in any actian, proceeding, or
<br /> cvunterclaim hrough#by any party against any other party.
<br /> Waiver of Homestead Exemptian. Trustvr hereby releases and wai�es all ri�h�s and henefits o� t�e horx��steac�
<br /> �xempti�n laws of the State of Nebraska as to all �ndehtedness secured hy this Deed of Trust.
<br /> DEF[NITI�NS. The fvllowing words sha11 ha�e the foElowing meanings when used in this Deed o�Trust:
<br /> Beneficiary. The word "Beneficiary" means Adams Bank &Tcust, and I�S 5L1CC�55D�S BCld a5519n5.
<br /> 6orrower. The word "Borrower" means JEJAN E. BA�AN 5R. and SAN�RA M. BAZAN and includes al1 �o-signers
<br /> and co-makers signing the N�te and aif their successors and assigns.
<br /> ���d at Tr�st. ��� wnrds "aeecf ot Tr�st" �ean r�is �eed of �rust among Trustar, ��nder, and Trustee, anci
<br /> includes withvut limitativn all assignmen� and se�urity interest pro�isions r��ating to th� Personal Property and
<br /> Rents.
<br /> En►►ironmental Laws. The words "En�ir�nmental Laws" mean any �nd all state, federal and �ocal statutes,
<br /> regulations and ordinanc�s relating to ihe protection of human health or the en�ironment, Enclud�ng without
<br /> limitativn the �omprehensi�e En�ironmental Response, Compensation, and Liahifity Act of 1980, as am�nd�d, 42
<br /> U.S.C. Se�tion 96D1, et seq. �"CERCLA"}, the Superfund Amendmenis and Reauthorization Act of 19$6, Pub. L.
<br /> No. 99-499 �"SAf�A"}, the hazardoUs Mater�a�s �ra�spartar�ar�Aet, �� �.S.C. Sectian �8D1, et seq., ihe Resource
<br /> Conser�atian and Re�a�ery A�t, 4� U.S.C. SectEan �9Q1, et seq,, or other appiicabie state vr federal laws, rul�s,
<br /> ar regulations adopted pursuant thereto.
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