|
. ~ DEED OF TRUST
<br />(Continued) 2 Q i Q Q s 1 Q Q Page S
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lander incurs that in Lender's opinion era
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date 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 not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify ar
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reportsl, surveycrs' reports, and appraisal fees, title insurance, and foes for the
<br />Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition tv all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br />actions with respect to the Property upon the written request of Lender and Trustor: lal 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; 1b1 join in granting any easement or creating any
<br />restriction on the Real Property; and Icl join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualificatipns required for Trustee under applicable 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 by notice and sale, and Lender
<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 to time appoint a successor Trustee to any Trustee appointed under
<br />this Dead 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 for 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 Daed of Trust and by applicable law. This procedure far 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 Dead of Trust, including without limitation any notice of default and any native of
<br />sale shall be given in writing, and shall be 'effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), 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 bs sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any person 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 parson'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 mare than one Trustor, any notice given by Lender to any Trusfnr is deemed to be notice given to all Trusters. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions era a part of this Deed pf 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 whgaver will be bound or pbligatsd by the change or amendment.
<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 prpvisipns of this Deed pf Trust.
<br />Merger, Thera shall be no merger of the interest or estate created by this Daed of Trust with any other interest or estate in the
<br />Property at any time held by nr 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 its conflicts of law prpvisipns. This Daed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />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 Lander. Trustor understands Lander will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lander delays or omits to exercise any right will not mean that Lender 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 oat have to comply with the other provisions
<br />of this Dead of Trust. Trustor also understands that if Lander does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />one ar 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 nr 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 enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Daed of Trust may be found to be invalid or unenforceable,
<br />Successors and Assigns. Subject to any limitations stated in this Peed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a parson other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference tv this
<br />- -Geed of Trust and the Indebtedrtass ~y way o#-forbearanee oro-xtensinn without-releasing-~ruator 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 Desd of Trust
<br />Beneficiary, The word "Beneficiary" means Platte Valley State Bank & Trust Company, and its successors and assigns.
<br />Borrower. The word "Borrower" means Jason A. Hettler and Robin A. Hettler and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed of Trust. Tha words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and 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 statutes, 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 19$0, as amended, 42 U,S.C. Section 9601, et esq. ("CERCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("'SARA"), the Hazardous Materials Transportation Act, 49 U.S.C,
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S,C. Section 6901, et seq., or other applicable state or
<br />
|