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<br /> DEED or TRUST 2 410 4 7 5 5 7
<br /> Loan No: 872058087 (Continued) Page 5
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<br /> searching records, obtaining title reports (including forerlostito reports), surveyors' reports, and appraisal fees, title insurance, aril
<br /> fees for the Trustee, to the extent permitted by applicable: law. T'ntstor also will pay any court costs, in addition to all other suns
<br /> provided by 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 arid 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 Properly upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br /> the Deal Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br /> restriction all the Real Property; and (c) 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 Qjipn required for Trustee tinder applicable law. In addition to the rights arid remedies sat
<br /> forth above, vyil:h-e r(iK rt of he Property, the 'T'rustee shall have the right to foreclose by notice and sale, and Lender
<br /> will hav '"the,YrityjOt o r hgsg t ~9 closure, in either rase in accordance with and to the full extent provided by applicable
<br /> law.
<br /> Success Trust r, at Lender's option, may from time to One appoint a successor Trustee to any Trustee appointed tinder
<br /> this Deed rust by an instrument executed and ack nowiedged 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 (or 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 l rustee 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 1 rust, 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 telefacsirnile (unless otherwise
<br /> requires) by law), when deposited with a nationally recognized overnight couier, 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 Creed 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 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, Trustor agrees to keep Lender informed at all times of I rustor's current address, Unless otherwise provided or required
<br /> by law, if there is more than one Truslor, any notice given by Lender to any Trustor is (teemed to be notice given to all T'rltstors. It will be
<br /> T'rustor's responsibility to tell the others of the notice from lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions rtre a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in tine 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 Dead of Trust roust be in
<br /> writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust aro for convenience purposes only and are not to be used to interpret or
<br /> define tine provisions of this Geed 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 arid, 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 Deed 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 Lender. Trustor understands Lender will riot 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 Lender has given up that right. If Lender
<br /> does agree in writing to give up one of Lender's rights, that does riot mean Trustor will not have to comply with the other provisions
<br /> of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will riot
<br /> have to get Lender's consent again if the situation happens again. Truslor further understands that just because Lender consents to
<br /> one or more of Trustor's requests, that (toes riot mean lender will be required to consent to any of Trustor's future requests. Truster
<br /> waives presentiment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is riot valid or should riot be enforced, that fact by itself will not
<br /> mean that the rest of this Deed of Trust will riot 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 Deed of 'Crust may be found to be invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations slated in this Deed 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 person other than Trustor, Lender, without notice to Truster, may deal with Trustor's successors with reference to this
<br /> peed 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 /> Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br /> by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases all(] waives all rights and benefits of the hornestead 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. 'T'he word "Beneficiary" means Equitable Bank, and its successors and assigns,
<br /> Borrower. The word "Borrower" rneans JASON ROSS MATI IEWS and CONNIE JEAN MATFIF..WS and includes all cc signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns,
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 4, 2010, With credit limit of
<br /> $25,000.00 frorn Trustor to Lender, together with all ranewals of, extensions of, modifications of, refinancirigs of, consolidations
<br /> of, aril substitutions for the promissory note or agreement. The maturity (dale of this Deed of Trust is October 4, 2015. NOTICE TO
<br /> TRUSTOn: THE CnEDrr AGREEMENT CONTAINS A VARIABLE INTEREST RATE,
<br /> Deed of Trust. The words "Deed of Trust" main 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 nents.
<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 envirc runent, including without limitation tine Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et: seq. ("CERCLA"), the Superfund
<br /> Amendments and Reauthorization Act of 1986, Pub, L. No. 99-499 ("SAITA"), the Hazardous Materials Transportation Act, 49 U.S.C,
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