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08-12�-1999 DEED OF TRUST
<br /> 99�1��8;�9� Page 6
<br /> Loan No (Continued)
<br /> (d) Grantor shall indemnify, defend, and hold harmless Lender from and against any and all claims, demands, damages, costs, expenses, losses,
<br /> liabilities,penalties,fines,and other proceedings including without limitation reasonable attorneys fees and expenses arising directly or indirectly from
<br /> or out of or in any way connected with any failure of the Property to comply with any of the Access Laws. The obligations and liabilities of Grantor
<br /> under this section shall survive any termination,satisfaction,assignment,judicial or nonjudicial foreclosure proceeding, or delivery of a deed in lieu of
<br /> foreclosure.
<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 agreement of the parties as
<br /> to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and
<br /> signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence,Trustor shall furnish to Lender, upon request,a certified
<br /> statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall
<br /> require. "Net operating income"shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation
<br /> of the Property.
<br /> Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender in the State of Nebraska. This Deed ot Trust
<br /> shall be governed by and construed in accordance with the laws of the State of Nebraska.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
<br /> 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 any
<br /> time heid by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Muitiple Parties; Corporate Authority. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to
<br /> Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations in this Deed of
<br /> Trust.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or
<br /> circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any
<br /> such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision
<br /> cannot be so modified,it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable.
<br /> Successors and Assigns. Subject to the 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 and 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 to this Deed of Trust and the
<br /> Indebtedness by way of forbearance or extension without releasing Trustor 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 /> Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents)
<br /> unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
<br /> waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the
<br /> party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of
<br /> dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or any of Trustor's obligations as to any future
<br /> transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
<br /> constitute continuing consent to subsequent instances where such consent is required.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of
<br /> Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> Unless you provide us with evidence of the insurance coverage as required by our contract or loan
<br /> agreement, we may purchase insurance at your expense to protect our interest. This insurance may, but
<br /> need not, also protect your interest. If the collateral becomes damaged, the coverage we purchase may not
<br /> pay any claim you make or any claim made against you. You may later cancel this coverage by providing
<br /> evidence that you have obtained property coverage elsewhere.
<br /> You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added
<br /> to your confract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the
<br /> underlying contract or loan will appl to this added amount. The effective date of coverage may be the date
<br /> your prior coverage lapsed or the da�e you failed to provide proof of coverage.
<br /> The coverage we urchase may be considerably more expensive than insurance you can obtain on your own
<br /> and may not sa�isf� any need for property damage coverage or any mandatory liability insurance
<br /> requirements imposed by applicable law.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND EACH TRUSTOR AGREES TO ITS
<br /> TERMS.
<br /> TRUSTOR:
<br /> Hoos Insuranc Agency,Inc.
<br /> By. BY. .
<br /> Gary P.Hoos, resident Paul J.Hoos, ice President/Secretary
<br /> CORPORATE ACKNOWLEDGMENT
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<br /> On this ��1� day of �aS,�-� , 19�, before me, the undersigned Notary Public, personally appeared Gary P. Hoos, I
<br /> President; and Paul J. Hoos, Vice President/Secretary of Hoos Insurance Agency, Inc., a Nebraska corporation, and known to me to be
<br /> authorized agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed
<br /> of the corporation, by authority of its Bylaws or by resolution of its boa of directors, for the uses and pur oses therein mentioned, and on oath
<br /> stated that they are authorized to execute this Deed of Trust and in fac execu d the Deed of Trust on ehalf the corporation.
<br /> Notary Public in and for the State of
<br /> Residing at
<br /> My commission expires
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