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2� 1 ��819�
<br /> L7E�D �F TRLJST
<br /> �Continued} Page 6
<br /> fareclase by no#ice and sa�e, and Lender will ha�e the right �o foreclose by judiciaE foreclasure, in either case in
<br /> accord�nce with and�o the full�xtent pro�ided by applicable law.
<br /> St�cce5sor Trus#ee. Lender, a�Lender's flption, may frorn time ta tim�appoin#a successor Trustee to any Trust�e
<br /> appo+nted under this fleed af Trust by an instrumen#executed and a�knvwledged by Lender and recarded in the
<br /> offi�e of the recorder of Hall C�unty, 5tats of Nebraska. The instrument shaf� contain, in additi�n to atl vther
<br /> ma#ters required by state law, the names of the ariginal Lender, Trustee, and Trustor, the book and page �or
<br /> �omputer sys�em reference} where th'rs Deed af Trust is recorded, and the name and address vf the suc�ess�r
<br /> trustee,and the instrument shal�be executed and acknowledged by ali#he benefciarEes under this Deed❑f Trust vr
<br /> their successvrs in interest. The successar trustee, withaut con�eyance af the Property, shall succe�d to a!I the
<br /> title, power,and duties�an�erred upon#he Trustee in this❑eed of Trust and by app�icable law. This prv�edu�e far
<br /> substitution vf Trustee sha11 g��ern ta the exclusion of a�l other pra�isians for substitution.
<br /> N�TICES. Any notice required to be gi�en under this Deed af Trust, including without limitation any nv#ice vf de�ault
<br /> and any nvtice of sale shall be g��en in wri#ing, and shal! be effecti�� when actually d�li�ered, when actual�y recei�e�
<br /> by telefacsimile tunless otherw�se required by�aw},when deposited with a nationally reGagnized o�ernigh#courier,ar,if
<br /> mailed,when deposited�n the United States mail, as fi�st class, certified�r�-egistered mail postage prepaid,directed ta
<br /> the addresses shown near the beginning vf this Deed af Trust. Ali copies of nvtices of farec�vsure from the holder af
<br /> any lien which has priority o�er this Deed vf Trust shall be sen#t� �ender'� address, as shown near the beginning ❑f
<br /> th�s Deed of Trust. Any person may change his ar her address for notices under th�s Deed of Trust by giving fvrmal
<br /> wr�tten not�ce tv the other persan vr persons, specifying that the purpose of the notice is to change the person's
<br /> address. Far nvtice purposes,Trustor agrees to keep Lender informed a#all times af Trustor's current address. Unfess
<br /> atherwise pro�i�ed vr required by law, if there is more than ane Trustar, any natice gi�en by Lender fa any Trustor is
<br /> deemed to be notice gi�en ta all Trustars. It wiil be Trustar's responsibili#y tv tell the athers af the notice frvm Lender.
<br /> MISCELLANE�US PR�VI51�N5. The following miscellaneous provisians are a part of this �eed of Trust:
<br /> Amendments. Vllhat ts written in #�is C]eed of Trust ar�d in the Related Documents is Trustar's entire agreement
<br /> wEth Lend�r concerning the matters co�ered by this Deed vf Trust. To be effectt�e, any change or amendment tv
<br /> this Deed o�Trust mus#be in writing and must be signed by whae�er wi�l be�aund or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Capti�n headings in this aeed vf Trust are for cvn�enience pu�pases onfy and are not ta be
<br /> used tv interpret or defne the pr��isions of th�s Deed of Trust.
<br /> Merger. There shall be n❑ merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time heid by vr for the ben�fit af Lender in any capacity, wit�out the written consent
<br /> of Lender.
<br /> ��verning Law. This Deed of Trust wil� be go�erned hy federal law applicahte to LendQr and, to the extent nvt
<br /> preempted by fed�ral law,the laws of the S#ate of Nebraska without regard to its conflicts vf�aw pro�isions. This
<br /> Deed of Trust has been accep#ed by Lender in the 5tate a�Nehraska.
<br /> Joint and Se�eral Liabili#y. AI� vbligatians of Trustar under this Deed of Trust shal! be joint and se�erai, and a��
<br /> referertces #o Trustor shaf� mean each and e�ery Trus�or. This means that each Trustvr signing below is
<br /> respansible for all vblfgations in this Deed�f Trust.
<br /> Na Vllai►►er by Lender. Trus#or understands Lender will not gi�e up any of Lender's rights under this Desd of Trust
<br /> un�ess Lender does sa in writing. The fact tha# Lender delays or omits to exercise any right wi�l not mean that
<br /> Lender has gi�en up tha# ri�ht. If Lender does agree �n writing to g+�e up one �f Lender's rights, that does not
<br /> mean Trustvr will na� ha�e t� comply with the ather pra�isions of this Deed of Tr�ust. Trustor alsn understands
<br /> that i� Le�der dves �onsent to a request, that daes no# rnean tha# Trustnr will not ha�e to get Lender's cvnsent
<br /> again if#he situatian happ�ns again. Trustor ft�r�he�ur+derstands that just because Lender cansen#s tv one or more
<br /> of Trustor's requests, that daes not mean Lender wi�i be required #o cvnsen# to any of Trustor's future requests.
<br /> Trustor wai�es presentment,demand fvr payment, prc�test,and natice of dish�nor.
<br /> Se�erability. If a court finds that any pro�isi�n of this need of Trust is not�alid or shouid na� be enforced, that
<br /> fact by itself wi�! not mean that the rest af this Deed of Trust will not be�a�id or enforoed. Th�refare,a cau�k will
<br /> enforce the rest of the pro�isions of this C)e�d vf Trust e�en if a pro�ision of this C�ed v#Trust may be found to be
<br /> in�alid ar unen#aroeable.
<br /> Successors and Assigns. 5ubject to any iimitatians stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed nf Trust shall be hinding upon and inure ta the benefit of the parties, their successors and assigns. If
<br /> awnershtp of the Property be�ames vested in a persvn other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference ta this Deed of Trust and#he Indebtedness by way of f�rbearance or
<br /> extension without releasing Trustor fram the abEigati�ns of#his Deed vf Trust❑r liat�ility under the Indebtedness.
<br /> Time is vf the Essence. Time is of the essence in the perfarmance o�this Deed of Trust.
<br /> Wai�e Jury. ►�II parties to this Deed of Trus#here�y waiv�the right t�ar�y jury trial in an�acti�n, prviceeding, nr
<br /> caunterclairn 1�rnught by any party against any ather party.
<br /> Vllai�er of Hvmestead Exempt�on. TrustQr hereby releases and r►vai�es a!I rights and benefits o� �he homestead
<br /> exemptian laws vf the 5tate vf Ne�raska as ta al1 Indebtedness secured by this D�ed of Trust.
<br /> DEFINITI�NS. The follawing words shall have the fo��orrving meanings when used in this Deed of Trust:
<br /> B�nefi�iary. The word "Beneficiary"means First Natianal Bank vf 4maha,and�ts successars and assigns.
<br /> Borrower, The word "Borrower" means Ryan Vllaind and Rebecca S Waind and includes a[I co-signers and
<br /> ca-makers signing the Credit Agreement and al1 their successars and assigns.
<br /> Gredit A�reement. The words "�redit Agreement" mean the credit agreement dated No�ember 19, 2Q 16, W1th
<br /> cred�t I�m it of$S 1,0�D.�� from Trustar to Lender,tvgether with at!renewa�s of, extensions of, modi�cativns
<br /> a�, refinancings of,consolidat�vns o�, and substitutivns far the pramissory note or ag�-eement. The maturity date❑f
<br /> this Deed af Trust is Nv�ember '19, 2446. N�TICE T� TRUST�R: THE CRED�T AGREEMENT C�NTAINS A
<br /> VARIABLE 1NTEREST RATE.
<br /> Deed af Trust. The words "Deed of Trust" mean this Deed �# Trust among Trustor, Lender, and Trustee, and
<br /> includes withaut limitatEon al! assignmant and security interest pro�isions reiating ta the Personal Property and
<br /> Rents.
<br /> En�ironmental Laws. The words "En�ironmenta� Laws" mean any and a�l state, federal and Eocal statutes,
<br /> regufativns and ordinances re�ating #o the prate�tion vf human health or the en�ironment, in�luding without
<br /> fimitation the Compreh�nsive En�ironmental F�espvnse, �ampensat�vn, and L�ahility Act of �984, as amended, 42
<br /> U.S.C. �e�fion 9�4'�, et seq. {"�ER��A"�, the SuperfUnd Am�ndm�nts and Reauthori�atian Ac# of �98�, Pub. L.
<br /> No.�9-499 {"SARA"},the Hazardaus Materials Transpartatian Act, 49 U.S.C. Se�tion 18�1, et seq., the Resource
<br /> Cvnservation and Recv�ery Act, 42 Li.S.�. Section 590�, et seq., or ather appli�able state or federal laws, rules,
<br /> or regulatians adopted pursuant thereta.
<br /> E�ent�f befault. The words"Event of Default"mean any of the events of default set forth in this C]sed of Trust�n
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