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<br />Loan No: 41876
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<br />DEED OF TRUST
<br />(Continued)
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<br />200708295
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<br />Page 5
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<br />not affect lender's right to declare Trustor in default and to exercise. lender's remedies;
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<br />Request for Notice. Trustor, on behalf ofTrustor and lender, hereby requests that a copy of any Notice of Default and a copy of any Notice
<br />of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
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<br />Attorneys' Fees; Expenses. If lender institutes any suit or action to enforce any of the terms of this Deed of Trust, lender shall be entitled
<br />to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in lender's opinion are necessary at any time
<br />for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, lender's attorneys' fees and lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor
<br />also will pay any court costs, in addition to all other sums provided by law.
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<br />Rights or Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
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<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of
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<br />Trust: .' --:.-"."':'" '''." " \'" .~",' ,,~. ",,~^:"rn-.." ,>X;~i:~."~:"i~~"i:;r.;..~;"..,:.;~~;:.~'\",!.~,~";.::,,,,,,~4.~~'._.;~3j,~,,,".::~>:.;::(:('_.,.:;;., .::~~~._",':__-':"':'_.
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<br />Powers of Trustee. In a&iilicn to all powers of Trustee arising aSQ inatler of law, Trustee shail have the power to take the following actions
<br />with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real
<br />Property, including the dedication of streets or other rights to the publici (b) join in granting any easement or creating any restriction on the
<br />Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of
<br />Trust.
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<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 lender 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.
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<br />Successor Trustee. 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 the recorder of Hall County, State 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 beneficiaries under this Deed of Trust or their
<br />successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this 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.
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<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation 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 overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any lien which has priority over this Deed of Trust shall be sent to lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed 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 Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by lender to any Trustor is deemed to be notice given to all TrustQI"ll. It will be Trustor's responsibility to tell the other:; of the notice from
<br />Lender.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
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<br />Amendments, What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the
<br />mattelS covefed by IhisOeed-of Tru:;t. To be-effective, any change or amendmenl"lo this Deed 01 Trust must be In writing andmustbe
<br />signed by whoever will be bound or obligated by the change or amendment.
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<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
<br />the provisions of this Deed of Trust.
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<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 time held by or for the benefit of lender in any capacity, without the written consent of lender.
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<br />Governing Law. This Deed of Trust will be governed by federal law applicable to lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed or Trust has been accepted by
<br />Lender In the State or Nebraska.
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<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall
<br />mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
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<br />NO Waiver by Lender. Trustor understands lender will not give up any of Lender's rights under this Deed of Trust unless lender 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 lender'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 lender's consent
<br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests,
<br />that does not mean lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
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<br />Severability, 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 rsst of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
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<br />Successors and Assigns. Subject to any 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- wa.1_qUor!?ea!a_nc:~q~!ensio_n ",!ith9ut releasing Trustor from the obligations of this Deed of Trust or liability under the
<br />Indebtedness. .. -- -
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<br />Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust.
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<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any Jury trial In any action, proceeding, or counterclaim
<br />brought by any party against any other party.
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<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by this Deed of Trust.
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<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
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<br />Beneficiary. The word "Beneficiary" means Howard County Bank a branch of Sherman County Bank, and its successors and assigns.
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<br />Borrower. The word "Borrower" means Michelle R Hartmann and Kirk l Hartmann and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
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<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.
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<br />Environmental Laws. The words "Environmental laws" mean any and all state, federal and local statutes, regulalions\and ordinances
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