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2� 1 ��8197
<br /> C]EED �F TRUST
<br /> {C�ntinued� Page �
<br /> foreclose k�y notice and sale, and Lender wili hav� th� right to fareclose by judicial fareclosu�e, in eith�r case in
<br /> accordance with and to the full extent pro�ided by app�icable law.
<br /> Successor Trtustee. Lende�r, at Lende�'s opt�vn,may��-om time to time appoint a succ$ssor T�us�ee to any Trustee
<br /> �ppainted under this Deed vf Trust by an instrument executed and acknawledged by L�nder and recorded in the
<br /> vffice of the recorder of Ha11 Caunty, �tate af Nebraska. The instrument shall con#ain, in addition to all other
<br /> matters required by state �aw, the names of the ar�ginal Lender, Trustee, and Trustar, the boak and page {or
<br /> �omputer system �eference} where this Deed �� Trust is recorded, and the name and address of the successar
<br /> trustee,and the instrument shall be executed and acknowfedged by all the benefciaries under this Deed af Trust or
<br /> thei�suc�essors �n interest. The successor trustee, without con�eyance of the Praperty, shal# succeed #o a11 the
<br /> title, pvwe�,and duties canf�rred upon the Trustee�n this Deed of Trust and by applicable iaw. This pro�edure for
<br /> substitution of Trustee sha�1 ga�ern ta the exclusian of alE other pro�isians�vr substitutian.
<br /> N4TIGES. Any notice required ta k�e gi�en unde�'�his Deed vf Trust, in�luding w�thvut iimitation any notice of defauft
<br /> and any notice of sale sha1� be gi�en in wr�ting, and sha�# be effecti�e when actually del��er�d, when ac#uaify recei�ed
<br /> by tel�facsimile tunless otherwise required by law�,when deposited with a nationaliy recognized a�emight courier,or, if
<br /> mailed,when deposited in the United Sta#es maEl, as ffrs#class, certi�ed a��egistered mail pastage�repaid,directed to
<br /> the addresse$shvwn near the beginning of this Deed of Trust. All capies of n�tices of f�reclosure from the haider of
<br /> any lien which has priority a�er this Qeed�f Trust shall be sen#to Lender's address, as shown near the beginning ❑f
<br /> this Deed af Trust. Any persan may change his or her address fnr notices under this Deed�f Trust by gi�ing formal
<br /> wr�tten notic� to the other persan or persons, speci�ying that the purpose of the notice is #o change the person's `
<br /> address. Fo�-natice purposes, Trustor agrees ta keep Lender infivrmed at all times of Trustor's cu�rent address. Unless
<br /> otherw�se pravided or required by 1aw, if there is mvre than vne Trustor, any notice gi�en by Lender to any Trustor is
<br /> deemed t�be notice given#❑a!I Trustors. It will be Trustor's responsibility ta teil the others vf the notice fram Lender.
<br /> MISCELLANE�US PR�YISInNS. The follawing miscelianeaus provisions are a part o�this ❑esd o�Trus#:
<br /> �Imendments. V1Jhat is written in this Deed❑f Trust and in the Related Oocuments is Trustor's entire agreement
<br /> with Lender cancerning the matters�o�ered by this De�d vf Trust. Ta be e�fecti�e, any change or amendment tv
<br /> #his Deed❑�Trust must be in wri#ing and must be s�gned by whae�er will b�baund �r abligated by the change ar
<br /> amendment.
<br /> Gaption Head�ngs. Captian headings in this Deed o�Trust are fvr cvnvenience purpnses only and are nat to be
<br /> used to interpret ar define the pro�isions of this Deed vf Trust.
<br /> Merger. There shal! be no merger vf the interest or estate created by this ❑eed of Trust with any vther interest or
<br /> estate in the Property at any time held by ar for the benefit of Lender in any capacity, withaut the written consent
<br /> af Lender.
<br /> Ca��rning Law. This Deed of Trust w�ll be ga�erned by federal law applicable to Lendsr and, to the extent nat
<br /> preempted by federa!law,the laws�f the State of Nebraska without regard to its c�n#lic#s of!aw provisions. This
<br /> Deed of Trust has been acc�pted by Lender in the State af Nebraska.
<br /> Joint and 5e�eral Liabjlity. Al� abligativns of Trustor under tk�is D�ed of Trust sha�� k�;osn� and se�e�al, and all
<br /> references to Trustar shal� mean each and e�ery Trustar. This means that each Trustar signing belaw is
<br /> responsibCe for all ab�igat'rvns in this aeed of Tru�t.
<br /> No Wai�er by Lender. Trustor understands Lender wi�l n�t gi�e up any vf Lender's rights under#his Deed❑f Trust
<br /> unless Lender daes so in writing. Th��act tha# Lender delays ar vmits tv exer�ise any right will not mean that
<br /> L�nder has gi�en up that �ight. if Lender does agree in writing t� gi�e up one vf Lender's rights, that daes na#
<br /> mean Trustor w�ii not ha�e ta comp�y with �he other prv�isians of this Deed vf Trust. Trustor alsa understands
<br /> that i� Lender does consent ta a r�qu��t, tha� does not mean that Trustvr wi�l not ha�e to get Lender's �onsent
<br /> again if the situatinn happens again. Trustor further understands that�ust because Lender cvnsents#a ane or more
<br /> of T�-ustvr's �equests, that does n�rt mean t�nder wil� be requiret#to car�sent tv any of`frustvr�s future requests.
<br /> Trus#or wai�es presentment,demand�or payment, prvtest,and nvtice vf dishonor.
<br /> S��erability, If a court f nds that any pro�isivn af this De�d v#Trust is nat�alid nr should nvt be enforoed, ihat
<br /> �act by its�lf will n�t mean tha#the rest of this Deed a#Trust will not be�alid or enforoed. Theretore,a caurt wilE
<br /> enforce the rest of the pro�isions af this Deed a�Trust e�en if a p�o�ision of this Deed of Yrust may be found to be
<br /> in�alid or unenforceable.
<br /> Successors and Assigns. Sub�ect t❑ any limitativns stated in this Deed of Trust on transfer o�Trustar's in�erest,
<br /> this Deed of Trust shali be binding upon and �nure to the benefit of the partiss, their successors and assigns. 1f
<br /> ownership af the Property becomes vested in a persan other th,an�rustar, Lend�r,withQut notice ta T�ustor, may
<br /> deal with Trustor's su�cessvrs with reference to this Deed of Trust�nd the Indebtedness by way nf forbearanc�or
<br /> exiension without re�easing T�ustor�rom#he abligations of this Deed of Trust ar�iability under the�ndeb#edness.
<br /> Time i�of the Essence. Time is of the essence in the per�ormance of th�s Deed of Trust.
<br /> Wai�e Jury. A�I parties to#his Deed of Trust hereby wai►►e the right t�any jury trial in any action, praceed�ng, or
<br /> caunterclaim b�aught by any party against any other party.
<br /> Wai�er af Homes#ead Exemption. Trustor h�reby releases an� wai�es all r�ghts and benefits of the homestead
<br /> exemptian laws of the State of Nebraska as to afl Indebtedness secured by this Deed o�Trust.
<br /> DEFINfTIDNS. The following wards shall have the follvwing meanings when used in this Deed af Trust:
<br /> Beneficiary. The word "Beneficiary"means First Nat�ana!Bank af Cymaha,and its success�rs and assigns.
<br /> Bnrr�wer. The word "Borrower" means Andrew W Meier and Nicoi� M Meier and includes afl co-sign�rs and
<br /> cv-makers signing the Credit Agreement and a11 their successors and assigns.
<br /> Credit A �eement. The words "Credit Agreement" mean the credit agreement dated ❑ecember 1, 2n�6, wlth
<br /> CI"ed It �Irl'1it �f $'I��,���.�� frvm Trustar tv Lender, #ogether with al1 renewals of, ex#ensions af,
<br /> madifica#�ons of, refinancings of, consal�dativns vf, and substitu#ions f�r the promissc�ry note vr agreement. The
<br /> maturity da#e of this Deed af Trust is December 1, ��46. �EQTICE TQ TRllS�U�i: T[i�E ��iEDIT AGREEMENT
<br /> C�NTAlNS A VAR�ABLE INTEREST RATE.
<br /> Deed vf Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lende�, and Trus#ee, and
<br /> inc�udes withou# limitatian al! assignment and security interest pro��sions relating to the Personafi Property and
<br /> Rents.
<br /> En�irvnmental Laws. 7he wards "Environm�ntal Laws" m�an any and ail state, federal and lo�a� statutes,
<br /> regulations and ordinances r�elating to the prateCtian of human heaith or the environment, incEuding without
<br /> limitation the Comprehensive Environmenta� Response, Compensation, and Liability Act vf 198Q, as amended,42
<br /> U.S.C. Section 9fi�1, et seq. t"CER�LA"�, the Superfund Amendments and Reauthvr�zation Act of �98�, Pub. L.
<br /> Na.9�-499 �"SARA"}, the Hazardaus Materials Transportation Act,49.U.S.C.5ection �8D 1, et seq., the Resource
<br /> Conservation and Reca�ery Act, 42 U.S.C. Section fi941, et seq., or o#her applicable state vr federal iaws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Defaul#. The wards"E�ent of Default"mean any of the e�ents of defautt set forth in this ❑eed of Trus#in
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