_ , , ;; :q x �, DEEDOFTRUST 2QiOOS�SJ
<br />(Continued) Page 5
<br />fees for the Trustee, to tha extent permitted by applicable law. Trustar alsp will pay any court costs, in addition to all other sums
<br />prvvided 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 AND 08LIGATIONS OF TRUSTEE. 7he following prnvisions relating to the powers and obligations of 7rustee are part pf 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 subordination or other agreement affecting this Deed of 7rust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee 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 Lenders 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 o�ce 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, 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 />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion af all other provisions for substitution.
<br />NOTICES. Any notice 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 depasited with a nationally recognized overnight courier, or, if mailed, when deposited in the United 5tates mail, as
<br />first class, certified or registered mail postage prepaid, directed tp 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 l.ender's address, as
<br />shown near the beginning of this Deed of Trust. Any person may change his or her address fpr nptices under this Deed of Trust 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 agrees to keep Lender informed at all times of Trustors current address. Unless atherwise provided 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 7rust:
<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 covered by this Deed of Trust. To be effective, any change or amendment t� this Deed af Trust must be in
<br />writing snd 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 be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be na mergar nf the interest or estate created by this Daed of Trust with any other interest or estate in the
<br />Property at any time held by or far the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust wfll be governed by federal law applicable to Lender and, to the extent not preempted by fedaral
<br />law, the laws of the State vf Nabraska without regard to Its confllcts 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 sgrees 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 Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustar 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 maan that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, thst daes not mean Trustor will not have to comply with the other provisions
<br />of this Deed of 7rust. 7rustor also understands that if Lender does consent to a request, that does not msan that Trustor will not
<br />have ta geY Lend"eWS' c6f1'serit °again if tFi�e situation happens again. Trustor further understands that just 6ecause Lender consents to
<br />one or more of Trustor's requests, that daes npt mean Lender will be required to consent to any of Trustar's future requests. 7rustor
<br />waives presentment, demand for pay,ment, prptest, and notice of dishonor.
<br />Severability. If a court finds tMaT any prpvision 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 7rust will nnt be vatid or enfprced. Therefore, a court will enforce the rest of the provisipns af this
<br />Deed of Trust even if a provision of this peed af Trust may be found to 6e invalid or unenforceable.
<br />Successors and Assigns. 5ubject 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 />Dead af Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from 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 this Deed of Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtednass secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall hava the following meanings when used in this Deed of Trust:
<br />Benaficiary. The word "8eneflciary" means Pl�tte 5/alley State Bank & Trust Company, and its successors and assigns.
<br />Borrower. 7he word "Borrower" means MAT1`HEW L. GEISER and LISA M. GEISER and includes all ca-signers and co-makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Credit A reement. The words "Credit Agreement" mean the credit agreement dated November 22, 201�, Wi�h credit limit of
<br />$20,0�0.00 fram Trustor to Lender, together with all renewals of, extsnsions of, modifications of, refinancings of, consalidations
<br />of, and substitutions for the promissory note or agreement. NQTICE TO TRUSTOR: THE CREDIT AGREEMENT CQNTAINS A
<br />VARIABLE INTER�ST RA7E.
<br />Deed of Trust. 7he words "Deed of TrusY' mean this peed of Trust 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"), the Supertund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />5ection 1801, et seq., the Resvurce Conservation and Recovery Act, 42 U.S.C. 5ection fi9p1, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />�vant af Default: The words "Event of Default" mean any vf the events of default set forth in this Deed of Trust in the events of
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