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DEED Contnued)ST 200202795- Page
<br />successor trustee, and the nsdroarent shell be executed and acknowledged by all the beneficiaries under this Deed of Trust or teen
<br />succesa.1 In basest, The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Treat. In this Dead of Trust and by applicable but. This procedure for substitution of Tactes wat govern to the excesbn of an
<br />other provisions for Subsdlulion.
<br />NOTICES. Any ratio. required to be gNen under this Deed of Trust, Including without lanletlan any notice of default and any italic. of saw Shell
<br />be given o writing, and shall be off CTINe when actually deNrored, when ac Wally ac.Nad by 1alef.Celmlb (unless otherwlaa required by law),
<br />when Captained with a nationally recognized overnight CousL or, a mailed, when deposited N the United Stales mall, as first class, codllletl or
<br />registered mall postage prepaid. ducted to the addresses shown near the beginning of this Deed of Treat. All copies of balks. of f.recbsure
<br />from the h er old of any Ilan which has priority over this Dead of Trust shelf be sent to Leaders add.,.... shown near the beginning of this Dead
<br />of Trust. Any person may change his or her add,." for notices under this Deed of Treat by giving formal written notes to the other person or
<br />persons, specifying that the purpose of the notice Is to Change the person's address. For notice purposes. Truster agrees to keep Lender
<br />informed at all tines of Trustee. Conant address. Unless Cheraiae provided or required by law, it there Is more than one Trustor, any tactics
<br />given by Lender to any Truster is deemed to be coffee given to all TWStara. It will be Trusters responsibility to tell the Others of the notice from
<br />Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pad of this Deed of Trust:
<br />Amendments. What Is written in this Dead of Trust and N the Mbbd Documents Is Tasters entire agreement with Lender conaemng the
<br />matters covered by this Dead of Trust. To be aflacLVe, any Change or amendment to this Deed of Trust must be in waing and must be
<br />sinned by wherever wlli be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings n this Dead of Trust are for convenience purposes only and are not to be used to interpret or palate
<br />the provisions at this Deed of Trust.
<br />Merger. There shall be no merger of the Interest or estate created by this Dead of Trust with any other interest or estate in the Property at
<br />any time held by or for the benefit of Lander in any Capacity. Without the woman Conant al Lender.
<br />hint and Several Liability. All obligations of Trustor under this Deed of Treat shall be joint and sorseal, and all references to Tustar shall
<br />mean each and every Taster. This means that each Trustor signng below a responsible for all obligations n this Dead of Trust.
<br />No Waiver by Lander. Truster understands Lander will not give up any of Under's rights under this Dead of Trust unless Lender does so n
<br />writing. The fact that Lender delays or omits to nxencise any right will not mean that Under here given up that right. If Lender tloes all. in
<br />writing to give up one of Leaders rights, that does not mean Trustor will not have to comply will the other provisions of this Dead of Trust.
<br />Tmstor also understands that if Lender does consent to a request, that does net mean that Taster will not have to get Undoes .meant
<br />again it the situation happens again. Truster further understands that just because Lender consents to one or more of Truitor's requests,
<br />that does not mean Leneerwill be required to consent to any ofTWStors future requests. Truster waives presentment, demand for payment,
<br />pretest, and Calks of dishonor.
<br />Severablllry. If a court fads that any provislon of this Dead of Treat Is not valid or should not be enforced, that fact by Itself wilt not mean
<br />that the rest of this Dead of Treat will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Treat
<br />even l a provision of this Deed of Trust may be found to be Invalid or unenforceable.
<br />Non"-lability of Lender. The relationship between Truster and Lender created by this Dead of Trust b strictly a debtor and credit.,
<br />relationship and not fiduciary In nature, nor is the relationship to be construed as creating any partnership or joint venture behveen Lender
<br />and Tastor. Truster is exercising Trusters own judgamsnl off, respect to Trusters business. All Information supplied to Lander Is for
<br />Lenders protection only and tae other lee 9y is entitled to rely an such information. There Is no duty for Lender to rovbw, Capital. supervise
<br />or inform Truster of any matter with respect to Trusters business. Lender and Trustor Intend that Under may reasonably rely on all
<br />Information supplied by Trustor to Lender, together with all representations and warranties given by Trustor to Lender, Wihout Investigation
<br />or confirmation by Lender and that any Investigation or falWre to investigate will not diminish Lenders right to sic rely.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truslors Interest. this Dead of Trust shall be
<br />binding upon and nor. 1. the benefit of the parties, their successors ar:d assgn6. If ownershp of the Property Smomes tested In a parson
<br />other than Tmstor, Lander, without notice to Truster, may deal with Dodoes successors with reference to this Dead of Treat and the
<br />Indebtedness by way of forbearance or extension wwout releasing Trustor from the obligations of this Dead of Trust or liability under the
<br />Indebtedness.
<br />Time Is of the Enables. Time Is of the essence in da performance of this Deed of Treat.
<br />Waiver of Homestead Exemption. Trustor hereby releases and walls all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Treat.
<br />DEFINITIONS, The following words shall have the following meanings when used in this Dead of Treat:
<br />Beneficiary. The Word'Smaticary' marine HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA, and its successors and
<br />assigns.
<br />Borrower. The •.yard "Borrower" moans Fredrick I. Hongaemtaer and Stephanie Ann Hongsermebr, and all other persons and entitles
<br />signing the Note.
<br />Deed of Trust. The words'Deetl at Trust mean this Dead Of Trust among Trustal', Leader. and Trustee, and woolodOS Without eraatlob all
<br />assignment and security interest provisions realing to the Personal Property and Rents.
<br />Environmental laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinancee
<br />relating to the pro ection of human health or the envbonmanb Including without Rotation the Comprehensive Enel onmenwl Response,
<br />Compensation, and Lability Act of 1980. as amended. 42 U.S.C. Section 9601, at seq. ( "CERCLA"j, the Superhard Amendments and
<br />Reeuthorlestion Act of 1986. Pub. L. No. 99499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section /801, at seq.. the
<br />Resource Conservation and Recovery Act, 42 US.C. Section 6901, at seq., or other applicable stale or federal laws, rubs, or regulations
<br />adopted pursuant thereto.
<br />Event of Default. The Words "Event of Default" mean indivlduaky, collectively, and Interchangeably any of the events of Coffee at forth in
<br />this Deed of Trust in the events of default section of this Deed of Trust.
<br />Existing Indebtedness. The words'Fxlsting Indeblednass" mean the iNeMSdoess described In the Existing Liens prevision of this Dead of
<br />Trust.
<br />Guarantor. The word "Cuerende means any guarantor, surety, Or accommodation party of any or all of the Indebtedness, era, in each
<br />Case. Trux.re sue... S., assigns, bees, pers00al representatives. .....tons iced edmnlanalora Of any guarantor. Surely, Or
<br />aacommodarl.h party.
<br />Guaranty. The word - Guaranty" means the guaranty from Guarantor, or any other prompt, endorser, surety. or accommodation Part to
<br />Lord.,, Including without limitation a guaranty of all or pan of the Net..
<br />Hadardoob Substances. The wards 'Hazardous Subsances" mean materials Net, because of their quantity, Concentration or physical,
<br />chemical or infectious Characteristics, may cause or pose 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 'Hazardous Substances' are
<br />...6 in their very broadest sense antl inord. without limitation any and all hazardous or toxic substances. moderate or woods as domed by
<br />or listed under the Envo-onmental Laws. The tern, "Panders Substances" also Inoludes, without limitation, petroleum and petroleum
<br />by products Of any fraction thereof and asbestos.
<br />Improvements. Th. Wortl'Impr.worwtx" means ell existing and future oprovements, buildings, structures, mobile homes SNNatl on the
<br />Reel Property, facilities, additions, replacements and other construction on the Peal Property.
<br />Indebtedness. The word " Indebtedness' means all principal, Interest, and other amounts, costs and expenses payable under the Note or
<br />Related Docurents, to99iher with all renewals op extensions of, modifications of, consolidations of and substitutions for the Note of Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trusters obligations or expanses Incurred by Tastes or
<br />Lender to enforce Truster's obligations under this Dead of Trust, together with interval on such amounts as provided In this Dead of Trust.
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