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DEED OF TRUST
<br />� r,��;� E i!�����" (Continued) 2 Q i � Q� 3 5 4 Page 5
<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 ANb bBLIGA71pNS dF 7RUSTEE. Tha fpllowing provisians relating to the powers and 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 Property upon the written request 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 rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordinatipn pr pther agreament affacting this beed af 7rust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. 7rustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and 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 : L,endsr's option, may from.time to time appoint a successor Trustee to any Trustee appointed under
<br />this beed of 7'rust by an instrument executed and acknowledged 6y Lender and recorded in the office of the recorder of Nall County,
<br />5tate of Nebraska. The instrumsnt shall contain, in addition ta all other matters required by state law, the names of the original
<br />l.ender, 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 />pawer, and duties conferred uppn the Trustee in this Deed af 7rust and by applicable law. This procedure for substitution of Trustee
<br />sh811 govern to the exclusion af 811 other provisians far substitutian.
<br />NQTICES. Any notice required tv be given under this Deed of Trust, 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 telefacsimile (unless otherwisa
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certl�ed ar registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of 7rust 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 nptices under this peed of 1"rust 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 agrses to keep Lender informed at all times of Trustoc's current address. Unlass otherwise prpvided or required
<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 of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters cnvered by this �eed of Trust. To be effective, any change or amendment to this Deed of 7rust must 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 are for convenience purposes only and are not to 6a used ta interpret or
<br />define 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 other interest or estate in the
<br />Property at any time hald by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. Thls Deed of Trust will be governed by federal law applicable to Lender and, 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 Trustar signing below is responsible for all obligations in this Deed of Trust,
<br />Np Waiver 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 Lender has given up that right. If Lender
<br />does agree in writing to give up ona pf Lender's rights, that does nat mean Trustor will npt have tp cpmply with the other provisipns
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that dpes not mean that Trustqr will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to consent to any of 7rustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a caurt �nds that any provision of this Deed 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 enforca the rest of the provisions of this
<br />f�eed of Trust even if a prpvision 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 the parties, their successors and assigns. If ownership of the Property 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 af forbearance or extensinn withput releasing Trustor from the obligations of this Deed of
<br />Trust or liability under the Indebtedness.
<br />.... .......,...._�.,_.,..,. ,...,..,,..�..,.,.� ............. ._. ,
<br />Time is of the Essence. Time is of the essence in tha perFormance of this Deed of Trust.- 1
<br />Waivar oT Homestead Exemptlon. Trustor hereby releases and waives all rights and benefits pf the hqrr�estead exemption law� 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 Daed of Trust:
<br />Beneficiary: The word "Ben�cia_ry" means Platte Valley State Bank & Trust Company, and its successors,and assigns.
<br />Barrower. The word "Borrower" means Mark K. Oberbeck and Paula C. Oberbeck and includes all co-signers and co-makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The words "Credit AgreemenY' mean the credit agreement dated Nvvember 2, 201q with credit limit of
<br />$39,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. NOTICE 7� 7RUS70i2: THE CREDIT AGREEMENT CONTAINS A
<br />VARIABLE INTEREST RATE.
<br />Deed of Trust. The words "Deed af Trust" maan this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Praperty 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 heatth or the environment, including without limitation khe Comprehensive Environmental
<br />Response,' Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Seotion 9801, et seq. ("CERCLA"), the SuperFund
<br />Amendments and Raauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportetion Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resource Conservation and Recovery Act, 42 U.5.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, nr regulations adopted pursuant thereto:
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this bead af 7rust in the events of
<br />default section of this Deed of Trust.
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