|
DEED OF TRUST 200214567
<br />Loan No: 1633460 (Continued) Page 5
<br />Real Properly: and (c) join in any subordination or other agreement affecting this Dead 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 sale, and Lander 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. Lander, at Lenders 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 the recorder of Hell County, Stale of
<br />Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and
<br />Trustor, the book and page (or computer 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 bensficlamn under this Deed of Trust or their
<br />successors In Interest. The successor fusion, without conveyance of the Property, shell succeed to all the title, power, and duties contained
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the excluslon of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead of Trust, including without limitation any notice of default and any notice of sets shell
<br />be given in writing, and shall be effective when actually delivered, when actually received by lelefacsimile (unless otherwise required by law),
<br />when deposited with a nationally recognized overnight courim, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Al copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Dead of Trust shall be sent to Lenders address, as shown rear the beginning of this Deed
<br />of Trust. Any person may charge his or her address for noficas under this Dead of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Trustor agrees to keep Lender
<br />informed at all times of Truslors current address. Unless otherwise provided or required by law. If there is more than one Trustm, any notice
<br />given by Lender to any Trustor Is damned to be riches given to all Trustors. It will be Trustoes responsibility to tell the others of the notice from
<br />Lender .
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
<br />Amendments. What Is written In this Deed of Trust and In the Related Documents is Trustoes entire agreement with Lender concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be
<br />signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption handlings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define
<br />the provisions of this Dead 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 tlme 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 Dead of Trust has been accepted by Lender In the State of Nebraska.
<br />No Waiver by Lentil Trustor understands Lender will not give up any of Lender's rights under this Dead of Trust unless Lander 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 Lander'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 to get Lenders consent
<br />again if the situation happens again. Trustor further understands that Just because Lender consents to one or more of Trustoes requests,
<br />that does not mean Lender will be required to consent to any of Trusters future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severabllity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean
<br />that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the real of the provisions of this Dead 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 Dead of Trust on transfer of Trastors 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, Lander, without notice to Trustor, may deal with Trusters 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 Dead of Trust.
<br />Waiver of Mmestead Exemption. Treslor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness securetl by this Dead of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Dead of Trust:
<br />Beneficiary. The word "B msficiary means United Nebraska Bank, and its successors and assigns.
<br />Borrower. The word Bonowee means Daniel A Went, 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 security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words'EnNronmental 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 Response,
<br />Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA�), the Superfund Amendments and
<br />Reaulhodzatlon Act of 1986, Pub. L. No. 99-499 ( "SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, el seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state of federal laws, rules, or regulations
<br />adopted pursuanrthareto.
<br />Event of Default. The words "Event of Defeulr mean any of the events of default set forth in this Deed of Trust in the events of default
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guari means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without
<br />limitation a guaranty of all or pad of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, 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, heated, aimed, disposed of, generated, manufactured, transported or otherwise handled. The words " Hazardous Substances" are
<br />used in their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by-products or any fraction thereof and asbeslos.
<br />Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobils homes affaed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Properly.
<br />Indebledneas. The word "Indebtedness" means all principal. Interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renswals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lander to enforce Trustoes obligations untler this Dead of Trust, together with interest on such amounts as provided in this Dead of Trust.
<br />Lani The wad 'Lender" means United Nebraska Bank, He Mgceeeors and assigns. The words lucceeeon or assigns" neon any
<br />person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated December 23, 2002, In the original Principal amount of $67,580,00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolldaaons of, and substitutions for
<br />
|