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<br />" ; : ~' ' ~ ~" _ . ~ ~ ~ f' DEf=D Q~ TRUST 2 010 0 3 8 3 0
<br />Loan No: 119601 (Continued) page 5
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time tv time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page Ior computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and 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 provisions for substitution.
<br />NOTICES. Any notice required to be 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 telefacsimils (unless 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 mail postage prepaid, directed to the addresses shown near the beginning of this Deed 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 Deed of Trust. Any person may change his nr her address for notices under this Deed of Trust by giving
<br />formal written notice to the other person pr persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will ba
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and 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 must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Arbitration. Trustor and Lender agree that all disputes, claims and controversies between us whether individual, joint, or class in
<br />nature, arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated
<br />pursuant to the Code of Procedure of the National Arbitration Forum in effect at the time the claim is filed, upon request of either
<br />party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this
<br />arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power
<br />of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating
<br />to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the
<br />Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or
<br />exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to
<br />the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act
<br />of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this
<br />Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations,
<br />estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable
<br />in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action
<br />for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration
<br />provision.
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deed 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
<br />Property at any time 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 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 ks conflicts of !aw provisions. This Dowd of Trust has been accepted by
<br />Lender in the State of Nebraska:
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<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
<br />so in writing. The fact that lender delays or omits to exercise any right will not mean that Lsndsr has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender doss consent to a request, that do°:a not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Truster further understands that just because lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<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
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enfdrC,~ 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. is
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Truytor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If o4~hership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor 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 />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:.
<br />Beneficiary. The word "Beneficiary" means Cornerstone Bank, and its successors arld assigns. °
<br />Borrower. The word "Borrower" means Brian J Caspar and Kristin N Caspar ahd includes all co-signers Viand co-makers signing the
<br />Note and all their successors and assigns.
<br />Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, anr+ Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local stat~:tes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et arq, ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. Nn. 99-499 ("SARA"-, the Hazardous Materia~~ Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et scaq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of ti eir quantity, concentration or
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