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DEED OF7RUST 20103335
<br />Goan No: 9UY51 (continued? Pags ~
<br />Nothing in this Daed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Truator to the
<br />extent such action is permitted by law.
<br />Election of Rarrradtaa. All of Lender's rlghta and remedies will be cumulative end may be exercised alone or together, if Lender
<br />decides to spend money or to perform any pf Truator'a obligatons under this Deed of Trust, after Truator'a failure to dv ap, that
<br />decision by Lender will not affect Lender's right to declare Trustvr in default end to exercise Lender's remedies.
<br />Request for Notice. Truator, on behalf of Truator and Lender, hereby requests that a copy of any Notice of Default and a copy of any
<br />Notice of Sale under this Deed of Trust ba mailed to them at the addressee sat forth in the first paragraph of this Daed of Trust.
<br />Attorneys' Fees: Expenses. K Lander institutes any suit or action to enforce any of the terms of this Daed of Trust, Lender shall be
<br />entitled to rocvver ouch sum as the court may adjudge reasonable as attpmeys' tees at trial and upon any appeal. Whether or not any
<br />court acton is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion era
<br />necessary at any time for the protection o1 its interest or the entorcament of its rights shall become a part of the Indebtedness payable
<br />on demand end shall bear interest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or oat there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings lincluding efforts to modify or
<br />vacate any automatic stay or injunction), appeals, end any anticipated poet-judgment collection aeNlpea, the cost of searching
<br />records, obtaining title reports (including foreclosure reportal, surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extern permitted by applicable law. Truator also will pay any court coats, in addition to all other sums provided by
<br />Isw.
<br />Rights of Trustee. Trustee shalt have all of the rights and duties of Lender es set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions rotating to the powers and obligatfona of Trustee ere part pf this
<br />Deed of Trust;
<br />Pvw~n of Trustw. In addition to all powers pf Truatea arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Properly upon the written request of Lender and Truator: lei join in preparing and filing a map or plat of
<br />the Real Property, Including the dedication of streets or other rights to the public; Ibl join in granting any easement or creating erry
<br />restriction on the Real Property; and Icl join in any subordination pr other agreement affecting this Peed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trwtaa. Trustee shell meet all qualtflcationa required for Trustee under eppticabla law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose 6y notice and sale, end Lender
<br />will have the right to forecbse by Judicial toreClosura, in either case in accordance with and to the full extant provided by applicable
<br />law.
<br />Successor Trustas. Lender, at Lender's option, may irpm time to time appoint a successor Trustas to any Trustee appointed under
<br />this Desd of Trust by an instrument executed end acknowledged by Lender end recorded in the office of the recorder of Hell County,
<br />State of Nebraska. The instrument shalt contain; In addition to alt other matters required by state law, the names of the original
<br />lender, Trustee, and Truator, the book and page for computer system reference) where this Deed of Trust Is rocorded, end the Hama
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by ail the beneflclarles under this Deed
<br />pf Trust or their successors in interest. The successor trustee, without conveyance Of the Property, shall succeed to all the title,
<br />power, end duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provialohs for substitution.
<br />NOTICES. Any notice required tv 6e given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given In writing, and shall be effective when actually delivered, when actually received by telsfacaimile lunkaa otherwise
<br />required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mall postage prepaid, directed to the addressee shown near the beginning of thin Peed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Daed of Trust. Any parson may change his or her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Truator agrees tp keep Lender informed at all times of Trustor's currant address. Unless ptherwise provided or required
<br />6y law, if there is more than one Truator, any notice given by Lender to any Truster ie deemed to be notice given to all Truatora. h will be
<br />Trustor'e responsibility to tell the others oT the notice from Lender.
<br />MISCELLANEOUS PRDVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Dead of Trust end in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust moat be in
<br />writing and must be signed by whoever will be bound or obligated 6y the change or amendment.
<br />Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and era oat to be used to interpret or
<br />define tlxf provisions of this Deed of Trust.
<br />Margsr. Thera shall be no merger of the Interest or estate created by this Daad of Trust with any other interest or estate in the
<br />Property at any time held 6y or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust wIH be governed by federal law applicable to Lander and, to the extant not preempted by ledsral
<br />law. the laws of tlw State of Nebraska without regard to its oonflicta of taw provlaiona. This Daad of Trust Itas been aceeptM by
<br />Lander In the Stets of Nsbruka.
<br />No Waiver by lender. Truator understands Lender will not give up any of Lender's rlghta under this Dead of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that lender has given up that right. It Lender
<br />does agree in writing to give up one vt Lender's rlghta, that does not mean Truator will not have to comply with the other provisions
<br />of this Deed of Trust. Truator also understands that it Lender does consent to a request, that does not mean that Truator will not
<br />have to get Lender's cdnasnt again If the situation happens again. Truator further understands that just because Lender consents to
<br />one or mare of Trustor'a requests, that does not mean Lender will be required to consent to any of Truator's future requests. Truator
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />SevarabflitY. It a court finds that any prpvisbn of this Deed of Trust is not valid or should not be enforced, that fact by itself wig opt
<br />mean that the rest of this Dead of Trust will not 6e valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors end Assigns. Subject to any limitations orated in this Daed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon end inure to the benefit of the parties, their successors and assigns. It ownership of the Property becomes
<br />vested In a person other than Truator, Lender, without notice to Truator, may deal with Trustor's aucceasors with reference to this
<br />Daed of Trust and the Indebtedneaa by way of forbearance or extensbn without releasing Truator from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Wshrsr of Hvmestrad ExampNon. Truator hereby releases and waives alt rights and benefits of the homestead exemption laws pf the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />pEFINITIDNS. The following words shall have the following meanings when used In this Daed of Trust:
<br />eaneflcisry. The word "Beneficlery" means Nebraska National Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means Heather A Gelvan and includes alt ca-signers and co-makers signing the Nvta and all their
<br />auccessvra and assigns.
<br />Dnd of 7run. The words 'Deed of Trust" mean this Dead of Trust among Truator, Lender, and Trustee, and includes without
<br />limitation ell assignment and security interest proviaiona relating tp the Personal Property and Rents.
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