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DEED OF TRUST 2 O 10 4'7 E 7 4
<br />Laan No: 4019754 �Cantinued) Page 7
<br />Merger. There shall be no merger of the interest or estate created 6y 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 />Gaverning Law. With respect to procedural matters related to the perfaction and enfprcement of Lender's rights against the Property,
<br />this Deed of Trust will be governed by federal law applicable to Lender and to tha extent not praemptad by federal lew, the laws of
<br />the State pf Nabraska. In all other raspects, this Dead of Trust will ba governed by faderal law aqplicabla tn I.ender and, to the extent
<br />not preampted by federal law, the laws of the State of Missourl without regard to its conflicts pf law pwpvisions. Mowever, if there
<br />ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that is quastipned will be
<br />gpvarned by whichaver state or federal law wauld find the provision to be valid and enforceable. The loan transaction that is
<br />avidenced by the Credh Agreemant and this Deed of Trust has been applied for, considered, approved and made, and all necessary
<br />loan documents have 6een accepted by Lender in the State of Missouri.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Boone
<br />County, State of Missouri.
<br />Joint and Saveral 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 Trustar signing below is responsible for all obligations in this Daed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unlsss 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 not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if l.ender does consent to a request, that does npt mean that Trustor will not
<br />have to get Lender's consent again if the situatian happens again. Trustor further understands that just because l�ender consents to
<br />one or more of 7rustor'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 nptice of dishonor.
<br />Severability. If a court finds that any provision nf this Deed of Trust is not valid or shpuld not be enforced, that fact by itself will not
<br />mean that the rest of this Daed of Trust will not be valid or enforced. Therefqre, a court will enforce the rest of the provisions ot this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforcea6le.
<br />Successprs and Aasigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be hinding uppn 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 ta Trustar, may deal with Trustor's successors with raferance to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustpr frpm the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Time i� of t1� Essance. Time is of the essence in the performance of this Deed of Trust.
<br />� . ,,,�..
<br />W�ivsw of Homesteed Exem on. Tr � '� �
<br />ustor hereby releases and walves all rlghts and'bene�its of the homestead exemptfon laws of the
<br />5tate of Nebraska as to all Indebtedness secursd by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings whan used in this Desd of Trust:
<br />8eneficiery. The word "Beneficiary" means 5helter Financial Bank, and its successors and assigns.
<br />Borrower. The word •"Borrower" means Paul J Hoos and Sally A Hoos and includes all co-signers and ca-makers signing the Credit
<br />Agreement and all their successors and assigns.
<br />Crsdlt Agreement. The wards "Credit Agreement" mean the credit agreement dated October 8, 201p, Wit11 C�edlt Ilfl'llt Of
<br />$10,000.00 from Trustor to Lender, together with all renewals pf, extensions of, modifications of, retinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is Novemper 5, 2025. IVOTICE TO
<br />TRUSTOR: TME CREDIT AGREEMENT CONTAINS A VARIABLE INtEREST RATE.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustea, and includes without
<br />limitation all assignment and security interest provisions relating tp the Personal Property and R�nts.
<br />Environmental Laws. The words "Environmental Laws" mean any and all atate, 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 9801, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 9 986, Pub. L. No. 99-499 ("SARA"►, the Hazerdous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, A2 U.S.C. Sectipn 6901, et seq., or ather applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event pf Dafault. The words "Evant pf Default" mean any of the events of default set forth in this Dsed of Trust in the events of
<br />default sectipn 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 7rust.
<br />Hazardous Substances. The words "Hazardaua Substancea" mean materiels that, because of their quantity, concentration or
<br />physical, chemical ar infeciious characteristics, may cause or ppse a present or potential hazard ta human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by ar listed under the Environmental Laws. 'The term "Hazardous Substsnces" also
<br />includes, without limitation, petroleum and petroleum by-prpducts or any fraction thereof and asbestos.
<br />Improvsments. The word "Improvements" means all existing and future improvements, buildings, structures, mohile hames affixed on
<br />the Fieal Property, facilities, additians, replacements and other construction on the Resl Praperty.
<br />Indab#edness. The wrord "Indebtedness" means all principal, interest, and other amounts, costs and expenaes payable under the
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