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<br />l.ender under this Deed of Trust
<br />DEED 0� TRUST 2 O 1 O U 8 � 3 2
<br />(Continued)
<br />Page 5
<br />Trustee. Trustee shall meet all qualifications required for'frustee under applicable law. In'scidition to the rights and remetlies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice antl Sale, arld Lender
<br />will have the right to foreclose 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 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 pffice of the recorder of Hall County,
<br />State pf 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 bpok and page (or computer system reference) where this Deed vf 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 17eed
<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 Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govem to the exclusion of all other provisions for substitution.
<br />NOTICE$. Any notice required to be given under this Deed of Trust, including without Ilmitatfon 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 telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United 5tates mail, as
<br />first class, certifled or registerad mail postage prepaid, directed to the addresses shown near the beginning of this Deed of 7rust. All
<br />copies of notices of foreclosure from the holder of any Ilan which has priprity over this Deed qf Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any parson 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 nptice is tp change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informad at all times qf Trustor's current address. Unless otherwise provided or required
<br />by law, if thare is more than pne Trustor, any notice given by Lender to any Trustor is deemed to be nptice given to all Trustors. It will 6e
<br />Trustor's responsibility to tell the others of the notice from l.ender.
<br />MISC�LIANEOU3 PROVISIONS. The fpllpwing miscellaneous provisions are a part of this Deed of "(rust:
<br />Amandments. What is written in this Deed of Trust and in the Related Documents is 7rustor's entire agreement with Lender
<br />concerning the matters covered by this []eed of 7rust. To be effective, any changq pr amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />Captian Headings. Caption headings in this �eed of 7rust are for convenience purposes only and are not to be used to interpret or
<br />defin� the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any oiher interest or estate in the
<br />Property at any Nme held by or for the benefit of Lender in any capacity, without the writteh consent of Lender.
<br />Governing Law. This Deed of Trust will be governed by federal law appllcable to Lender and, to the axtent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provislons. This Deed of Trust has qeen accepted by
<br />Lender in the State of Nebraska.
<br />Choice af Venue. If there is a lawsuit, Trustor agrees upon LendePs request to submit to the jurisdictian of the courts of Mall County,
<br />5tate of Nebraska.
<br />No Walver by Lender. Trustor understands Lender 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 LQnder 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 pther provisions
<br />pf this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does npt mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lsnder consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent ta any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor,
<br />Severabllity. If a court flnds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will nat
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforve the rest of the provisions of this
<br />Deed of 7rust even if a provision of this l]eeci of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitativns stated in this Deed Af Trust pn 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 pf the Properry becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor frpm 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 tMis Deed of Trust.
<br />Waivar pf Hpmestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead axemptipn laws pf the
<br />State pf 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 />eeneficiary. 7he word 'Beneficiary" means Platte Valley State Bank 8 Trust Company, and its successors and assigns,
<br />Borrower. The word "8orrower" means Catherin F. Neville and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Daad of Trust. The wprds "Deed of TrusY' mean this Deed of 7rust among 7'rustor, 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 stata, federal and local statutes, regulations and ordinances
<br />relating to the prptection of human health or the environment, including without limitation the Gomprehensive Environmental
<br />Respanse, 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. 88-498 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, �2 U.S,G. Section 6901, et seq., or other applicable state or
<br />federal laws,. rule&, 9.C. r�yulallpns �riQpted.pursuant thereto. —.. _._ _.--- _- _ . ___ ---... _
<br />Event ot Default. The words "EvBnt of Default" mean any of the events af default sat forth in this Deed of 7rust in the events of
<br />default section of this Deed of Trust.
<br />Hazardous Substances. The words "Hazardpus 5ubstances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potentlal hazard to human health pr the environment
<br />when improperly used, treated, stored, disposed vf, generated, manufactured, transported or otherwise handled. The words
<br />"Hazardous Swbstances" are used in their very broadest sense and include without Ilmitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under the �nvironmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products ar any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, intereat, and other amounts, costs and expenses payable under the Note
<br />or Related Dpcuments, together with all renewals of; extensions of, modiflcations of, consolidations of and su6stitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses inourred bq
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of 7'rust, together with interest on such amounts as provided in th(s
<br />Deed of Trust. Specifically, without Iimitation, Indebtedness includes the future advances set forth in the Future Advances provision
<br />of this Deed of Trust, together with all interest thereon.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns. The words "successors or
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