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. x �,'' ���;.. DEED OF TRUST 2 O 1 U O S 6 4 S
<br />Loan No: 9227�5 "` '' (Cantinued) Page 5
<br />C�
<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 �eed of Trust by an instrument executed and acknowledged by Lender and recorded in tha office of the recorder of Hall County,
<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, 7rustee, and Trustor, the boak and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustae, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their succassars in intsrest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conterred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitutipn.
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitatipn 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 telefacsimila (unless otherwise
<br />required by law►, when deposited with a nationatly r�cagnized ovamight couriar; or, if mailed, uuhen deposi6ed •ir► the United Statea mail, as
<br />first class, certified or registered mail postage prepeid, directed to the addresses ahown near the beginning of this Deed of Trust. All
<br />capies of notices of foreclosure from the holder of any lien which has priority over this Dead of Trust shall he ssnt to Lender's address, as
<br />shpwn near the beginning of this Deed of Trust. Any person may change his or her address for notices undar this Desd nf Trust by giving
<br />formal writtan nvtica to the other parson or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agreas to keep Lsndar 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 nptice given by Lender to any 7rustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others ot the notice from Lender.
<br />MISGELLAN�OUS 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 Documants is Trustor's entire agreement with Lender
<br />concerning the matters covered 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 ar amendment.
<br />Caption Hesdings. Captipn headings in this Deed of Trust are for convenience purposes only and are not to be used to interprat or
<br />define the provisions ot this Deed of Trust.
<br />Merger. There shall ba no merger pf the interest nr estate created by this Deed of Trust with any other interest ar sstate in the
<br />Prop�rty at any time held by or for the 6enefft of Lsndar in any capacity, without the written consent of Lender.
<br />Gaverning I.aw. This Deed of Trust will be governed by federal law applfca6le tp Lender and, ta the extent nvt preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law pwovisians. Thls �eed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venus. If there is a lawsuit, Trustor egrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Jaint and Sevaral Liability. All obligations of 7rustor under this Deed of Trust shall be joint and several, and all refarences to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for all o6ligationa in this Deed of 7rust.
<br />Np Waiver hy Lender. 7rustor understands Lender will not give up any of Lender's rights under this Daed 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 />dves agree in writing to give up one of Lender's rights, that does not mean Trustor will not heve to comply with the other provisions
<br />o' this,Dead-o( Trust. 7ruatar also understands that if Lender does consent to a request, that does noi•+neen•that Trustar will not
<br />have to get Lender's consent again if the situation happens again. Trustor further understands that just 6acause Lender consents to
<br />one or more of Trustor's requests, that does npt mean Lender witl be required to consent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any pravision 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 ba valid or enforced. Therefore, a court will enforce the rest of the prpvisians af this
<br />baed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. 5u6ject to any limitatipns stated in this peed 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, thair succassors and assigns. If ownership of the Property becomes
<br />vested in a person other than 7rustar, Lender, without notice ta Trustar, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or sxtensian withaut releasing Trustor from the obligations of this Deed af
<br />Trust or liability under the Indebtedness.
<br />Time is of the Essence. Time is af the essence in the performance of this Deed of Trust.
<br />Waiver of Homestead Exemption. 7rustor hereby releases and waives all rights and be�ne�iks of the �iomestead�exemption laws of the
<br />State of Nebraske as to all Inda6tedness secured by this Qeed of Trust. ' �" '�
<br />9 9 9 c�.�. ", f'Crust: :'"
<br />DEFINI7101V5. The followin words shall have the followin meanin s when use . m this Deed o
<br />6eneficiary. The word "Beneficiary" means CORNERSTONE BANK, and its successors and assigns.
<br />Borrower. The word "Borrower" means Lonnie L Loy and Christi R Loy and includes all co-signers and co-makers signing the Note and
<br />all their successors and assigns.
<br />bead of Trust. The words "Deed of Trust" mean this �eed of Trust among 7rustar, Lander, and 7rustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />�nvironmental 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. 5ection 9601, et seq. ("CERCLA"►, the Superfund
<br />Amendments and Reauthorizetion Act of 1986, Pub. L. No. 99-499 1"SARA"1, the Hazardous Materials Tranaportation Act, 49 U.S.C.
<br />Section 1901; et esq., the Resource Conservation and RQqoverx.qct, 42 U,.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto. �
<br />Event of Default. The words "Event af Default" mean any ot the events of default set fnrth in this Deed of Trust in the events of
<br />default section af 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 Trust.
<br />Mazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, cancentration or
<br />physical, chemical or infectious characteristics, may cause or ppse a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transportad or otherwise handled. The words
<br />"Hazardous Subsiances" are used in thsir very broadest sense and include without limitation any and sll hazardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmentai Laws. The term "Haz�rdous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buiidings, structures, mobils homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "�ndebtedness" means all principal, interast, and ather amounts, costs and expanses payable under the Note
<br />or Related pocuments, together with all renewals of, extensions of, modifications of, consolidatians pf and substitutions far the Note
<br />or Related Documents and sny amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's o6ligations undar this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means CORNERSTONE BANK, its succassars and asaigns. The words "successors or assigns" mean any
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