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'~ ~ DEFD (]F TRUST 2 010 0 5 5 3 7
<br />Loan No: 872058037 (Continued) Page 5
<br />searching records, obtaining title reports (including foreclosure reportsl, stJrveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to The extant permitted by applicable law. Trustnr also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />Riglrts of Trustee. Trustee shall have all of the rights and duties oT Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions r(lating to the powers and obligations o[ Trustee arcs 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 lv the Property upon the written request of Lender and Trustnr: (a) join in preparing and filing a rttap or plat of
<br />the heal Property, including the dedication of streets nr other rights to the public; Ib) join in granting any easentenk or rrdating any
<br />restriction on the Real Property; and (c) join in arty subordination or other agreement affecting tftis Deed of Trust nr the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet .all qualifications required for Trustee under applicable law. In addition to the rights and remedids sat
<br />forth above, with respect to all or any part of the Property, the TYustee shall have the right to foreclose by notice and sale, and [.ender
<br />will have the right to foreclose by judicial foreclosure, in eithdr t:ase in accordance with and to the full extent provide(.i by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may Trom time to time afipoint a successor Trustee to any Trusted appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender artd recorded in the office of the mcorddr of HALL County,
<br />Statd of Nebraska. 1'he instrument shall contain, in addition to all other tt7atters rdquirdd by state law, the names of the original
<br />Lender, Trustee, and Truslor, the hook and page for computer' system referenr•.d) whore this Deed of Trust is recorded, and the nettle
<br />and address of the successor trustee, and the instrument shall be dxd(•,r.Jtdd and acknowledged by all the beneficiaries under this [)eed
<br />of trust or their $LIC(:eS50r5 In interest. The sur•,cessor trusted, without conveyance of the, Pro-:,erty, shall succddd in all Ihd titld,
<br />power, and duties ronfdrred upon the Trustee in this Dded of Trust and by applicable law. This pror,ddure for substitution of Trusted
<br />shall govdrn to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to he given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />Sala shall be given in writing, and shall be effective when actually delivered, whdn actually received by telefacsirnile (unless otherwise
<br />required by law), when deposited with a nationally recognized oventight r..ouridr, nr, if mailed, when deposited in the United Stales mail, as
<br />first class, certified or registered mail postage prepaid, directdd to the addresses shown near the beyinrtiny 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 he sent to Lender's address, as
<br />shown near the beginning of this Deed of 7Yust. Any person may r.hangd his or her address fvr nvtices under this Deed of Trust by giving
<br />formal written notice to the other person or -tersorts, specifying that the purpose of the ru>tic:e is to rhangd the person's address. For
<br />notice purposes, Trustnr agrees to keep Lender informdd at all tunes of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustnr, any notice given by Lender fo any '>-castor is deemed to be notice given to all fYustors. It will be
<br />Trustor's responsibility to 'tell the others of the notice from lender.
<br />MISCELLANEOUS PROVISIONS. Thd following miscellaneous provisior75 are a part of this ^eed of 7Yust:
<br />Amendments. What is written in this Deed of Trust and in the Tielatetl Uor•.uments is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To hd ei(dctivd, any change yr amendment to this Ueed of Trust must k>e in
<br />writing and must he signed by whoever will be bound or ohliyakdd by the change or amendment.
<br />Caption Weadings. Caption headings in this Deed of Trust and for convonidnce purposes only and are not to be used tv interpret or
<br />defied the provisions of this Dddd of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any ether interest or estate in the
<br />Property at any tune held by or far 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 Stake of Nebraska without regard to its rnnflicts of law provisions. This Daed of Trust has been accepted by
<br />lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Trustnr agrees upon Lend(r's request to submit to the jurisdiction of the courts of Hall County,
<br />Statd of Nebraska.
<br />Joint and Several Liability. All obligations of "T'ruslnr under this Deed of Trust shall be joint. and sevdral, and all references to Trustnr
<br />shall mean each and every Trustnr. This means that each 1 raster signing below is rdspnnsibld for all obligations in this Deed of l rust.
<br />No Waiver by Lander. Truslor understands Lender will not ,give up any of Lender's rights under this Deed of Trust trnless Lender does
<br />so in writing. The fact that Ldnddr delays yr omits to exercise any right will not mean that Lender has given up [hat right, If Lender
<br />does agree in writing to give up and of Lender's rights, that does not mean Trustnr will not have to comply witft the other provisions
<br />of this peed of Trust. Truster else understands that if Ldnddr doss consent tv a request, that ones not moan that Trustnr will net
<br />have to get Lender's rnnsent again if the situal.ion happens again. Trustnr further understands that just her•.ausd Lenddr consents to
<br />one or store of Trustor's requests, that. does not mean Lender will be required to consent to any of Trustor's future requests. Trustnr
<br />waives presentment, demand for paymont, protest, and notice of dishonor.
<br />Severability. If a court finds that any provision of this Deed of "T"rust. is not. valid or should not be enforced, that fact by itself will net
<br />mean that the rest of this Deed of Trust: will not be valid or enforce(:(. Therefore, a court will enforce the rest of tfte provisions of this
<br />Dded of Trust even if a prevision of this Deed of Trust may he found to bd invalid or unenforceable,
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust nn transfer of Trustor's interest, this Deed of Trust
<br />shall he binding uT.>on and inure to the benefit of the pectins, their SUCCe550f5 and assigns. If owndrship of the Prope7rty becomes
<br />vested in a person other than Trustnr, Lender, without notice to Truslor, may deal with Trustor's successors wtth refdrence to this
<br />peed of Trust and the Indebtedness by way of forbearance or extension withvut releasing Trustnr 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 pdrformanre of this Ueed of Trust.
<br />- -- Waive~crr}r Ail parties-to-this Deed of Tsu&t hereby .tacaive..the right..to any jury .t[iJ1n_any_ action,~roceeding, _or countercla[m brought
<br />by any party against any other party.
<br />Waiver of Womestead Exemption. Trustnr (tetchy rdldases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness sdcured by this Deed of 'T'rust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means Equitabld Banl<, and its successors and assigns.
<br />Borrower. Thd word "Borrvwer" means DAVID L. CHRISTENSF.N and JEANNE A. CHRISTENSEN and irtr..ludes all ro-signers and
<br />co-makers signing the Credit Agreement and all their successor's and assigns.
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated August 27, 1.010, with CI'eflit IItT11t Of
<br />$25,000.00 from Trustnr to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The rttaturity date of this Deed of -Trust is August 27, 7..015. NOTICE TO
<br />TRUSTOR: TWE CREDIT AGREEMENT CONTAINS A VARIABLE INT'ERES'T RATE.
<br />Deed of Trust. The words "Deed of Trust" rodeo this Deed of 1`rust among Trustnr, Lender, and Trustee, and includes without
<br />limitation all assignment and securil:y interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Frtvirortrnental [_aws" moan any and all state, federal and local statutes, regulations and ordinances
<br />relating to the -7roter•,tion of human health nr the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, anti Liability Ar.t of 19130, as arnendecl, ~T2 11.S.C. Section 9601, et se(.I. ("CERCI.A"), the Superfund
<br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials 't'ransportation Act, 49 U.S.G.
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