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DEED OF TRUST 2 0 i 0 0 7 7 7`�
<br />L�an No: 9 222�9, ' ' ° o � = ` � ( Continuedl "' Page 5
<br />will have the right to fnreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's optian, may from tirne to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust hy an instrument executed and acknowledged 6y Lender and reporded in the office of the recorder af Hall Cbunty,
<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 7rust 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 Trustee in this D88d pf Trust and by applicable law. ThiS procedure far substitutian of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any nbtice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall 6e given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, es
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />cnpies of notices of foreclasure from the holder vf any lien which has priority aver 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 nhangs his or hsr addrass for notices under this Deed af Trust by giving
<br />formal written notice to the other person or persons, specifying that the purpose of ths notice is to change the person's address. For
<br />natite purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or raquired
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part qf this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Ralated Documents is Trustor's entire agreement with Lender
<br />concerning the matters cpvered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must 6e signed by whoever will be bound or obligated by the change or amendment.
<br />Caption Headings. Caption headings in this Deed of 7rust are for convenience purposes only and are not to be used to interpret or
<br />define ths prpvisions of this Dead of Trust.
<br />Merger. There shall be na merger of ths intarest or estate created by this Deed of 7rust with any other interest or estate in the
<br />Property at any time held by or fpr the benefit of L.ender in any capacity, without the written consent of Lender.
<br />Governing Law. 7his Deed of Trust will be governed by federal law applicahle to Lender and, to the exten# not preempted by federal
<br />law, the laws of the State of Nehraska without regard to its conflicts of law previsipns. 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 raquast to submit to the jurisdiction af the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All ol�ligations 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 tha# each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lendar will not 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 doas not 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 tha# Trustor will not
<br />haue to get Lender's consent again if the situation happens again. Trustor further understands that just because Lendsr consants to
<br />one or mvre of Trustor's raquasts, that does not mean Lender will be required to consent to any of Trustor's f�ture requests. Trustor
<br />waives presentment', �rrf�n ar an npt ce� is onor.
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<br />Severa6ility. Ifi a court finds that any provision of this peed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Deed of Trust will not 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 Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated 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 tha pertias, their successors and assigns, If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notica to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or axtension without releasing Trustor from the obligations of this Deed of
<br />7rust or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the perfarmance of this Deed of Trust. •° •• -- -
<br />Waiver pf Hnmestead Exemption. Trustor hereby releases and waives all rights and benefits of the, homestead <exemption laws qf the
<br />State of Nebraska as to all Indebtedness secured by this Deed of 7'rust. �
<br />D�FINITIONS. The followin words shall have the followin meanin s when used in this Deed of Tru
<br />g g g st:
<br />8eneficiary. 7he word "Beneficiary" means CORNERSTONE BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Maryanna R Halterman and Don D Halterman and includes all co-signers and co-makers
<br />signing the Note and all their successors and assigns.
<br />Dsed of Trust. The words "Deed of Trust" mean this peed of 7rust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<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 environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"►, the Hazardous Materials Trensportation Act, 49 U.S.C.
<br />Section 1$01, et seq., tha Rssaurce Canservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applica�le state or
<br />fedoral laws, rules, or ragwlations adopted thereta.
<br />Event ot Defauit. 7he wards "Event of Default" mean any af the events of default set forth in this Deed of 7rust in the events of
<br />dsfaul# section of this beed of Trust.
<br />�xisting Indebtedness. The words "�xisting Indebtedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Hazardeus Substances. The wnrds "Hazardous Substances" mean materials that, because of their quantity, concentratinn or
<br />physical, chemical or infactious characteristics, may cause or pose a present or potential hazard to 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 6roadest sense and include without timitation any and all hazardous or toxic
<br />� , l substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />�"'� includas, withput limitation, patraleum and petroleum by-products or any fraction thereof and asbestos.
<br />Imprvvements. 7he word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacaments and ofher constructivn on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions far the Note
<br />pr Related pocuments and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustae or Lender to enforca Trustor's obligatians under this Deed of 7rust, together with interest on such amounts as provided in this
<br />Deed of Trust.
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