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� ° � � � � � ` w DEED OF TRUST
<br />lcontinuedl 2 � 10 U� 6 9 7 Pa�� �
<br />necessary at any time for the protectian of its interast 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. Expensea cpvered by this paragraph
<br />include, without limitation, however subject to any limits under applicabls law, l.ender's attorneys' feas 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 or
<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, surveyors' reports, and appraisal fees, titls inaurance, and fees fvr the
<br />T'rustee, to the extent permitted by applicable law. Trustor a�so will pay any court costs, in addition to all other sums provided by
<br />law.
<br />Rights of Trustee. Trustee shall have all of the rights and dutiss of Lender as set forth in this section.
<br />PQWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligativns of 7rustee 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 ta take the following
<br />actions with respect to the Property upon the writtsn rsquest of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rfghts to the public; (b) join in granting any easement or creating any
<br />restriction on the Raal Property; and (c) join in any su6ordination or other agreement affecting this Deed of Trust or the interest of
<br />Landar under this Deed of Trust.
<br />Trustea. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth apqve, with respect to all or any part of fhe Property, the 7rustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in sither case in eccordanca with and to the full extent providad by applicable
<br />law.
<br />Suocessor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Nall County,
<br />State of Nebraska. 7he instrument shall contain, in additiqn tp all pthar matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or cpmputer system reference) where this Deed of Trust is recorded, and the name
<br />and addrass of the successor trustee, and the ins[rument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. 7he successor trustee, without conveyance of the Property, sMall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust end by applicable law. This procedure for substitution of Trustee
<br />shall govern to the axclusipn of all other provisians for substitution.
<br />NOTIC�S. Any notica required to 6e given under this Deed of Trust, including withqut limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actuelly delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationatly 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 shawn near the bsginning af 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 be sent to Lsnder's address, as
<br />shown near the beginning of this Deed af Trust. Any party may change its address for natices under this Deed of Trust by giving fprmel
<br />written notice to the other parties, specifying that the purposs af the notice is to changa the party's address. For noCipe purppses, Trustqr
<br />agrees ta keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<br />MISCELLANEpUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amsndments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of 7rust shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a
<br />certified atatement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall require. "Net operating income" shall mean ail cash receipts from the Property less all cash expenditures made in
<br />connection with the operation of the Property.
<br />Caption Headings. Caption headings in this Deed vf Trust are for canvenience purposas anly and are npt ta be used to intarpret ar
<br />define the provisians ot this Desd pf Trusi.
<br />Merger. There shall be no merger of the intarest or astate created by thi5 Desd of Trust with any other interest or estate in the
<br />Prpperty at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Gpverning Lmw. This Deed of Trust will be governed by federal law applicable to Lander and, to the extent not preempted by federal
<br />law, the laws of the 5tate of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the 5tate of Nebraska.
<br />Chpiqe of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts af Hall County,
<br />5tate of Ne6raska.
<br />Jofnt and Saveral Liahility. 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 "frust.
<br />Nv Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender vf a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with thaz provision ar any other provision pf this Deed of Trust. No prior waiver by
<br />Lender, nor any course pf dealing 6etween Lender and Trustor, shall constitute a waiver of any pf Lender's riphts or of any of
<br />Trustar's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all casas such consent may ba granted ar withheld in the sole discretion of Lendar.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any person or circumstence, that finding shall not make the qffanding provision illegal, invalid, or unenfprcaable as ta any othar person
<br />or circumstance. If feasible, the offending provision shall be considered modified so that it becamea Isgal, valid and enforceable. If
<br />the vffending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required 6y
<br />law, the illegality, invalidity, or unenforceability ot any provision of this Deed of Trust shall not affect the legality, validity or
<br />enforceability of any other provision of this Daed qf Trust.
<br />Successors and Assigns. 5ubject to any limitatinns stated in this peed af Trust on transfer of Trustor's interest, this pead vf 7rust
<br />shall be binding upon and inure to the 6enefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than 7rustor, Lender, without notice to Trustor, may deal with 7rustor's successors with reference to this
<br />Deed of Trust and the Indebtadness by w�y pf forbearanpe or extension without relaasing Trustor from the obligations of this peed of
<br />Trust or liability under the Indebtedness.
<br />Tlme is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waiver of Hamestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />5tete of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEPINITIONS. The following capitalized wo'rds and terms shall have the following..w�eanin�s°qyh�'n'"'�1�6�!"`7n }'fiis �eed` of 7rust. Unless
<br />specifically stated to the contrary, aIF references tp dollar amounts shall mean am�unta in lawful Xricih0y.o�,.�he Unitad �tates vf America.
<br />Words and terms used in [he singular shall include the plural, and the plural shall i�ctude"the singu(ar; as,'the r„qntext r�8y require. Words
<br />and terms not otherwise defined in this C7eed of 7rust shall have the meanings attriki�at8d to suc,h tetm.s in:tlie•Llniforrri Commercial Code:
<br />Beneficiary. 7he word "Beneficiary" means Platte Valley State Bank & 7rust Company, and its successors and assigns.
<br />Borrowar. The word "6orrower" means Andrew W. Meier and Nicole M. Meier and includes all co-signers and co-makers signing the
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