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202110684
<br />where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be
<br />executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The
<br />successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the
<br />Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the
<br />exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any
<br />notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile
<br />(unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when
<br />deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
<br />near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over
<br />this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may
<br />change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the
<br />purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all
<br />times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of
<br />Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
<br />alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender,
<br />upon request, a certified statement of net operating income received from the Property during Trustors previous fiscal
<br />year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the
<br />Property less all cash expenditures made in connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to
<br />interpret or define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate
<br />in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions.
<br />This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of
<br />HALL County, State of Nebraska.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall
<br />operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not
<br />prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other
<br />provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall
<br />constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever
<br />the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall
<br />not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent
<br />may be granted or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable
<br />as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal,
<br />valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of
<br />Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust
<br />shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustors interest, this
<br />Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of
<br />the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's
<br />successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
<br />releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust.
<br />Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
<br />States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br />the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to
<br />such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means PATHWAY BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Bosselman Real Estate, LLC and includes all co-signers and co -makers signing
<br />the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes
<br />without limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations
<br />and ordinances relating to the protection of human health or the environment, including without limitation the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section
<br />9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"),
<br />the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
<br />Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant
<br />thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the
<br />events of default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to
<br />human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br />transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
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