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DEED OF TRUST 200304338
<br />(Continued) Page 6
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition le Me rights and remedies set forth
<br />above, with respect to all or any part of Me Property, Me Trustee shall have the right to foreclose by notice and sale, and Lender shall have
<br />the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable law.
<br />Successor True[". Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of Me recorder of Hall County. State of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, Me names of the original Lender. Trustee, and
<br />Traitor, the book and page (or computer system reference) where this Dead of Trust is recorded, and Me name and address of Me
<br />successor trustee, and the instrument shall be executed and acknowledged by all Me benef clarles under this Deed of Trust or their
<br />successors in interest. The successor trustee, without conveyance of Me Property, shall succeed to all the title, power, and dutles conferred
<br />upon the Trustee in Mis Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all
<br />other Provisions for substitution.
<br />NOTICES. Any notice required M be given under MIS Deed of Trust, Including without llmfiatlon any notice of default and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized ovemight courier, or, 9 mailed, when deposited in the United Slates mail, as first class, certified or
<br />registered mall postage prepaid, directed to the addresses shown near Me beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has pretty over this Deed of Trust shall be sent to Lenders address, as shown near the beginning of this Deed
<br />of Trust. Any parry may change its address for notices under this Deed of Treat by giving formal written notice to the other parties, specifying Mat
<br />Me Purpose of Me notice is to change the party's address. For notice purposes, Truster agrees to keep Lender informed at all times of Trusters
<br />current address. Unless otherwise Providetl or required by law, If Mare is more Man one Trainor, any notice given by Lender to any Truster is
<br />deemed to be notice given to all Trusters.
<br />MISCELLANEOUS PROVISIONS. The blbwing miscellaneous previsions are a part of this Deed of Trust:
<br />Amendments. This Dead of Trust, together with any Related Documenm, constitutes Me entlre understanding and agreement of the parties
<br />as to the matters set forth In this Deed of Trust. No alteration of or amendment b this Deed of Trust shall be effective unless given in writing
<br />and signed by the parry or parties sought to be charged or bound by Me alteration or amendment.
<br />Annual Reports. If Me Property is used for purposes other Man Trusters residence, Truster shall furnish to Lender, upon request, a cenined
<br />statement of net operating income received from Me 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
<br />operation of Me Property.
<br />Caption Headings. Caption headings in this Deed of Trust we for convenience purposes only and are not b be used to interpret 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 Me Property at
<br />any dme held by or for Me benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Dead of Treat will be governed by, construsci and enhanced In accordance with federal law and the laws of the
<br />State of Nebraska. This Dead of Trust has been accepted by Lender In the State of Nebraska.
<br />Joint and Several Liability. All obligations of Truster under this Deed of Trust shall be pint and several, and all references M Truster shall
<br />mean each and every Trestor. This means Mat each Trustor signing below is responsible for all obligations in this Deed of Trust
<br />No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Dead of Trust unless Such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender In exemising any right shall opamte as a waiver of such tight or
<br />any other right. A waiver by Lender of a provision of this Deed of Trust shall trot prejudice or constitute a waiver of Lenders right otherwise
<br />to demand strict compliance with that prevision or any other prevision of this Deed of Treat. No prior waiver by Lender, nor any mums of
<br />dealing between Lender and Toaster, shall constitute a waiver of any of Lenders rights or of any of Trusters obligations as b any future
<br />harvesters. Whenever Me consent of Lender is required under this Dead of Trust, the granting of such consent by Lender in any instance
<br />shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br />granted or withheld in Me sole discretion of Lender.
<br />Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust M be illegal, invalid, or unenforceable as to any
<br />person or circumstance, Mat finding shall not make Me offending provision illegal, invalid, or unenforceable as to any other parson or
<br />circumstance. If feasible, the offending provision shall be considered modified so Mat d becomes legal, valid and enforceable. If the
<br />offending provision cannot be so modified, it shall be considered deleted from this Dead of Trust. Unless otherwise required by Law, the
<br />Illegally, Invalidity, or unenbrceabllly of any provision of this Deed of Trust shall not affect Me legality, validity or enforceability of any other
<br />provision of this Deed of Trust.
<br />Successors and Assigns. Subject W any limitations staled in this Deed of Trust on transfer of Trusters interest, Mis Deed of Trust shall be
<br />binding upon and inure W Me benefit of the families, their successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Toaster, may deal with Treaters successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without reMasing Truster from Me obligations of this Dead of Trust or liability under Me
<br />Indebtedness.
<br />Time is of the Essence. Time is of Me essence in the performance of this Deed of Trust.
<br />Walve Jury. All parties to this Deed of Trust hereby wahm the right to any jury trial In any action, proceeding, or counterclaim
<br />brought by any party against any other party.
<br />Weever of Homestead Exemption. Truster hereby releases and waNas all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all In lmmidnass secured by this Dead of Treat.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in Mis Dead of Trust. Unless specifically
<br />stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the Untled States of America. Words and (arms
<br />used in the singular shall include the plural, and the plural shall include Me singular, as Me context may require. Words and terms net otherwise
<br />defined in Mis Deed of Trust shall have Me meanings attributed to such terms in Me Uniform Commercial Code:
<br />Beneficiary. The wom'Beneficiary' means Firet State Bank, and its successors and assigns.
<br />Borrower. The word 'Borrower means Richard L. Hartman and Patricia A. Harman, and all other persons and entitles signing the Nate in
<br />whatever capacity.
<br />Deed of Trust. The words 'Deed of Trust' new this Dead of Trust among Trustor, Lender, and Trustee, and includes without limitation all
<br />assignment and security interest provisions relafing to the Personal Property and Rents.
<br />Default. The word 'Default' means Me Default set forth in this Deed of Trust in the section filled 'Default'.
<br />Environmental Laws. The words 'Envlronmenml Laws' mean any and all State, natural and local statutes, regulations and ordinances
<br />relafing to the protection of human health or the environment, including without limitation Me Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1880, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA'), Me Supedund Amendments and
<br />Reauthorization Act at 1966, Pub. L. No. 99-499 ('SARA'), Me Hazardous Materials Transportation AM, 49 U.S.C. Section 1801, of seq., the
<br />Resource Conservation and Recovery Act, 42 U.S C. Section 6901, st seq., or other applicable state or federal laws, rules, or regulations
<br />adopted pursuant thereto.
<br />Event of Default. The words "Event of Defaut' mean any of the events of default set forth in this Deed of Trust In the events of default
<br />section of his Dead of Trust.
<br />Guaranty. The word 'Guaranty' means the guaranty from guamhtor, endorser, surety, or accommodation party to Lender, including without
<br />limitation a guaranty of all or part of the Note.
<br />Hnardous Substances. The words "Hazardous Substances' mean materials Mat because of their quantity, concentration or physical,
<br />chemical or infectious characteristics, may cause or was a present or potential hazard to human health or the environment when improperly
<br />used, treated, Stored, disposed of, generated manufactured, transported or otherwise handled.. The words 'Hazarmus Substances' are
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