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. ",",l/ 200608924 authorization and protection in the respect of any action taken or suffered by it hereunder in good faith and reliance thereon; and (d) Trustee shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within its discretion or rights or powers conferred upon it by this Deed of Trust. 14. RECONVEY ANCE. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 15. HAZARDOUS MATERIALS. Borrower shall keep the Property in compliance with all applicable laws, ordinances and regulations relating to industrial hygiene or enviornmental protection (collectively referred to herein as "Enviornmental Laws") Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any Enviornmental Laws (collectively reffered to herein as "Hazardous Materials"). Borrower hereby warrants and represents to Lender that there are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and all claims, damages, losses and liabilities arising in connection with the claims, damages, losses and liabilities arising in connection with the presents, use, disposal or transport of any Hazardous Materials on, under, from or about the Property. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the indebtedness and the satisfaction and reconveyance of the lien on this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the property, whether by foreclosure or otherwise. 16. This Deed of Trust shall be binding upon the parties hereto and all their assigned and heirs. 17. NOTICES. Any notices to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 18. SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the County in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power, and duties conferred upon Trustee herein and by applicable law. DATED this 29th day of September, 2006. \... ~~ Melanie J. Curry BY: Keit STATE OF NEBRASKA ) ) ss. COUNTY OF ADAMS) The foregoing instrument was acknowledged before me this 29th day of September, 2006 by Richard J. Curry and Melanie J. Curry, Husband and Wife, in their own right, and they acknowledge the execution of the above Deed of Trust to be their voluntary act and deed. ST ATE OF NEBRASKA ) )ss. GENERAL NOTARY. State of Nebraska KIMBERLEY R. KLUSMAN My Comm. Exp. Oct.16, 2006 COUNTY OF ADAMS) The foregoing instrument was acknowledged before me this 29th day of September, 2006, by Keith D. Heier, Vice President of Adams County Bank, a Nebraska Banking corporation, on behalf of the corporation. ~/ity II~. JUn11l Nota B GENERAL NOTARY - Stale of Nebraska .__J:i~ KIMBERLEY R. KLUSMAN ... ....r.:...~ My Comm. Exp. Oct.16, 2006