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<br /> DEED OF TRUST 2 010 0 6 4 2 7
<br /> Loan No: 808301 (0011.01111.10d) Page 5
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<br /> Deed of TYUst:
<br /> Powers of Trustee, In addition to all powers of Tnrsl:ee nr'i sing is a matter of I;iw, Trustee shall have the power to take the following
<br /> actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a malt or pleat of
<br /> the heal Property, inr..ludiog the dedication of slfeews or other rights to tale public; (bl join in giantintl any easement or creating any
<br /> restriction oil the heal Property; and (c) join in any suhordination or other agreement affecting this Dead of Trust or the interest of
<br /> Lender under this Deed of Trust.
<br /> Trustee. 'trustee shall meet all qualifications required for drustee udder applicable law. In addition to the! rights and renledifa set
<br /> forth above, will) respect to all or any part of the Property, the I'iustee shrill have the right to foreclose by notice and sale, and Lender
<br /> will have tide right to foreclose by judicial fore(Josnre, in oilhe.r case in accordance with and to the full extent provided by applicable
<br /> law.
<br /> Successor Trusteo. Lender, at Lender's option, may from time to lirrle appoint n successor Fluster: to ally frclsleo rlppoint:ed under
<br /> this Deed or Trust by an instrument executed and ,Ickntwdecdged by Lender and recorded in the office Of Ilia recorder of I IAl.t- County,
<br /> Stale of Nebraska. The instrurmerll shall cont.airl, in addition to all other matters required by state law, the names of the original
<br /> Lencler, Trustee, and Trustor, the book and page (or computer systo m referenc(t) where this Deed of Must is tOCerded, and the rlnrrae
<br /> and address of the Successor trustee, and the insit-Lamont shall be execulod and'Ickilowl(ld(jod by all the bear-;licialies under this Deed
<br /> of 1 rust or their st.lecessors in inleresi. -Tlae successor trustee, without conveyance of the Piopr..rty, shall succood to all the title,
<br /> power, and dLIHOS conferred upon Ilse costae in this Der-rd of Trust and by applical:tle 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 ho giySn under;',44is Teed of Trust, including without IimitaLion any nolice of dolaull and any notice of
<br /> sale shall be given in wriling, and Shatll~Tte (ffec; ivo wiaen actually delivered, when actually received by te(?faCSirnile (Unless otherwise
<br /> required by Inw), vvhen depowf* wills ft ;dryrhdnally, t&.6"Ilti7ed overnight cotllior, oI, if mniied, when drposiled in the Uniled Stales mail, as
<br /> first class, ratified or regi§l'erecd shall pgR ir*~f td, director d to the addlessos shown near the beginninq of This Dond of (rust. All
<br /> copies of notices of forecl.os;uq:,from fl) r or of ally lien which fins priority over this Deed of 'I rust shall be sent to I encler's address, as
<br /> shown near lho hocJ anincj:o( fii `l7r.ed of TrU^L. Any person may change his or her nddr(,,c for notices under this Deed of trust by giving
<br /> formal written notitil^tfie other person or, persons, spocifying Lhal the pulpose of the notice is 1:0 ehalage th(! person'S address, f=or
<br /> notice purposes, Trusror, nlrees to keep Lender informed at (dl times of Trust(.Ws current address. Unloss olhorwiso provided or required
<br /> by law, if there is more than one TYnStor, any notice given by Lankier to ally IYURtor is deenle(d to be notice given to all Trustors. It will be
<br /> Frustor's responsibility 10 tell tide oihem of the, notice from iml'lder.
<br /> MISCELLANEOUS PROVISIONS, The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Ttusl and in lh(: Related Docc.irmenls is T'rUstor's entire agreement with Lender,
<br /> concerning the matters covered by this Deed Of Trust, T'o he eftecdvo, any chango or amendment to this Deed of Trust must be in
<br /> writing and muSt he signed by whoever will he bound or obdignierd by the ch(Ulge or amendment.
<br /> Caption Headings. cnption headings in this Dead Irf -(rust are for convenience purposes only and are not to I.ta used to interIN(r L ur
<br /> define the provisions of this Deed of -(rust.
<br /> Merger, There shall be no merger of flue interest or estate crealed by this Deed of Trust with tiny other inLer'est or (-)state in the
<br /> Property at any lime held by or for 1110 benefit of LoUde:r in any cfipi-16ty, withotIL 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 provisions. This Decal of Ttust has been accepted by
<br /> Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, TrUSIOr ,IgreOS upon Lender's request to subrmit to the jurisdiction of tile, courts of 11,911 County,
<br /> State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deer) of Trust: shall he. join) and seve al, and all references to TiListor
<br /> shall mean each and every Truster. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. -Trustor understands Lenclor will not give tit) ,Illy of Lender's rights under This Deed oi' Trust unless Lender does
<br /> so in writing. The fact that Londor delays or omits h) e'.xercise any fight will not rile ii lhat L(IIII-Im 119.5 givon up that right. If Lender
<br /> does agree in writing to give up one of Lender's rights, Iiaat does not Iueerl (luster will riot have to comply will) the other provisions
<br /> of this Deed of Trust. Trusror ,Ilso understands that if Lander does consent to n roquesf, that (toes not mean that Trustor will not
<br /> have to get Lender's consent again if [lie situation hnppens acfoill. 'Tr(ISLor f.lrtlier understands ghat just bocause Lender consents to
<br /> one or morn Of -fl•ustUl"S requests, that does not mean (.ender will he rerluirod to corlrent 10 any Of I'r'ue;tor's future requests. Trustor
<br /> waives presentment, dernand for payment, protest, and notice of dishonor.
<br /> Sevorability. If a court finds that any provision of this Deed of 'Must is not valid or should not he enforced, that fact by itself will neat.
<br /> mean that tide rest of Phis Dread of host will not be valid of errforco.d. Therefore, a court will r.nforre the rest of rho provisions of this
<br /> Deed of Trust ever) if a provision of this Deed of Trust may be found to be invalid or mienromoahle.
<br /> Successors and Assigns. Subject. to any IilTlitations stated in this Deed of Trust oil transfer of Truslor's interest, this Deed of Trust:
<br /> shall be binding Orion and inure to the benefit of the paitia:s, their Successors tared assigns. If ownership of the Property becomes
<br /> vested in a person other than Trustor, Lender, without. notice to '(luster, may deal with Trustor's succeSSOIS with reference to this
<br /> Deed of Trust and tine Indebtedness by way of forbearance or' omonsion wilhouL releasing Trustor boil the Obligations of this teed of
<br /> -Trust or liability ivider the Indebtedness,
<br /> Time is of the F.ssenco. Time is of the essence in the performance of this Deed of Trust,
<br /> Waive Jury. All parties to this Deed of Trust hereby Waive tare right to any jury trial in any action, proceeding, or counteiclaimr brought
<br /> by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the l)o[Iles tend exemption laws of the
<br /> State of Nebraska as to all Indebtedness sec..t.ned by this Dond 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 Equil:able Bank, ancd itS Sur,ueSSOrS and FIS.Rigns.
<br /> Borrower. T he word "Borrower" means MICHAEL R KNOP and DORLA J BURNETT 9ncd includes till co signers and co-makers signing
<br /> the Note nii d all their successors ,Ind assigns,
<br /> Deed of Tnist. Tho words "Deed of Trust" moan chin Deed of Trust among Trustor, Lencler, and Trustee, acrd InCludeS without
<br /> lirnitalion all assignment and security interest provisions relating to the, Porsonal Property and fients.
<br /> Environmental Laws. The words "Environmontal Laws" moan ally nod ali "Into, federal and local BLatutes, regulations and orcdinnnres
<br /> relating to the protOCtiOt1 Of human henfh or the envirorirl)('nt, including without limitation the Comprehensive Envirorcmenrtal
<br /> Response, Compensntion, m) Liability Act of 19130, as amended, 42 U,S. C. Section 9601, of seq. ("CHWI..A"), tile Superfund
<br /> Am(edrrrenls and Reaulhorization Act of 1986, Pub. I,. No. 99-499 ("SARA"), the 1lazardOUS Mnl(:r'lnlS Tran9portation Act, 49 U.S.C.
<br /> Section 1£301, et seq., the, Resource Ccrnsemilion 'Illd Recovery Act, 112. U.S.C:. Section (3901, et seq., or other applicahle Slate or
<br /> federal laws, rules, or regulations acdnpted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of `f rLISt in the events of
<br /> cdefaUlt. SOCLion Of this Deed of T'rUst-
<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 "Firizar(dotls Substances" mean materials that, because of their quantity, concenration or
<br /> physical, chemical or infectious charncloiiSLics, rnny cause or pose a present or pofonlial hazard to human health or the environment.
<br /> when improperly (isecd, treated, stored, clisposocd of, gonomit-ld, Inallii(actured, transported or othewise handled. The words
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