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DEC -26 -01 WED 08:33 PM FAX: PAGE 9
<br />200113522
<br />DEED OF TRUST Page S
<br />Loan No: 19196 (Continued) lime
<br />involved; and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lenders opinion l o de� and necessary shall bear
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable include, without limitation,
<br />interest at the Note rate from the dale of .the expenditure unlit repaid. Expenses, covered by this paragraph
<br />however subject to any Omits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post — judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), .surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Truster
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />Rlghls of Trustee. Trustee shall have all of the rights and. duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed Of
<br />Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have to power to lake the folowinghe actions
<br />with respect to. the Property upon the written request of Lender and Trustor- (a) join in preparing and filing a map or plat
<br />Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restrction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of
<br />Trust..
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law, In addition to the rights and remedies set forth
<br />above, with respect to all or any part of the'Property, the Trustee shall have the right to foreclose by notice and sate, and Lender will have the
<br />right to foreclose by Judicial foreclosure, in-either case in accordance with and to the full extent provided by applicable law.
<br />Successor Trustee.. Lender, at Lender's option, may from time to lime appoint a successor Trustee to any Trustee appointed under this
<br />acknowledgsd by Lender and recorded in to office of the recorder of Hall County, State of
<br />Deed of Trust by an.instrument executed and.
<br />Nebraska. The Instrument shalt contain, in addition to all other matters required by slate law, the names of the original Lender, Trustee, and
<br />TinJStoc, the .book and page (or eompuler. system reference) where this Deed of Trust is recorded, and the name and address of the
<br />successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br />u on the to interest, The successor trustee, conveyance of the
<br />This procedure fof substitution of Trustee Shall govern to the recclus on of all
<br />upon the Trustee in this Deed of Trust and by app'
<br />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 notice of sale shall
<br />be given In writing. and shall' be effective when'acivally delivered; when actually received by lelefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, ceAified Or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from 'te holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown rear the beginning of this Deed
<br />of Trust. Any person,rnay change his or her address for notices under this Deed of Trust by giving formal written Doilies to the other person or
<br />persons, specifying That the purpose of the' notice Is to change the person's address. For noliee purposes, Trustor agrees to keep Lender
<br />informed at all times of Trustors 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. It will bo Trustors responsibility to tell the others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provislons are a pail of this Dead of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustors entire agreement with Lender concerning the
<br />Matters covered by this Deed of Trust, To be signed by whoever will bound or obligated by teffective,
<br />e change or aange or amendment to this Deed of Trust must be in writing and must be
<br />Ma ll be b
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interprat or define
<br />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 in the Property at
<br />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 and Interpreted In accordance with federal law and the laws of the State of
<br />Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there I$ a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Merrick County,
<br />State of Nebraska.
<br />Joint and Several Llability. All obligations of Trustor under this Deed of Trust shall be Joint and several, and all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below Is responsible for all obligations In this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in
<br />writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree In
<br />writing, to give up one of Lender's rights, that. does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br />Trustor also understands that If Lender does consent to a request, that does not mean that Trustor will not have 10 get Lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustors requests,
<br />that does not mean Lender will bs required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />I is not valid or should not be enforced, That fact by
<br />Severabillly. If a court finds that any provision of this Deed of Trus Itself will not mean
<br />that the rest of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be
<br />binding upon and inure to the benefit of the parties, their successors end assigns- If ownership of the Property becomes vested In a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference !0 This Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Truslor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Essence. Time is of the essence In the performance of this Deed of Trust.
<br />Waiver of Homestead Ekemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word 'Beneficiary' means Farmers State Bank, and its successors and assigns.
<br />.Borrower. The word "Borrower" means Chad W. Furloy and Jennifer L. Furloy, and all other persons and entities signing the Note. .
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and Includes without limitation all
<br />assignment and'securlty 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 and ordinances
<br />relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental r Response, se,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. (" ). Pe and
<br />ReReauthorization c onservation and Recovery Act, 29U.S.CRSection 690arei seq.aoer' Iherrappl able state or federal laws ruies,oraregulations
<br />adopted pursuant 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 events of defaua
<br />section of this Deed of Trust.
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