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��`::;� a i�: oEEO oF TRUST 2 p 10 0 9 211
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<br />Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Natice of Default and a capy of any
<br />Notice of Sale under this Deed of Trust ba mailed to them at the addresses set forth in the first paragraph of this Deed of Trust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit pr action to enforce any pf the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasona6le as attorneys' fees at trial and upan any appeal. Whether or not any
<br />cpurt action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection pf its interest or the enforcement of its rights shall bscome a part of the Indebtedness payable
<br />on demand and shall bear interest at the Credit Agreement rate from the date pf the expenditure until repaid. �xpenses co�ered by
<br />this paragraph include, without limitatipn, hpwever subject to any limits under applicable law, Lender's attorneys' fees and Lender's
<br />legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy prpcesdings (including efforts
<br />ta modify or vacate any automatic stay or injunction), appeals, and any anticipated pastyudgment collectipn services, the cost of
<br />searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br />fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br />provided by law,
<br />Rights af 7rustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBL.IGATIONS OF TRU$7EE. The,,fo!lowing proviSions relating to the. pow.ers and obligations ot Trustee are part v�-this
<br />Deed of Trust: '
<br />Powers of Trustee. In addition to all pow9rs of Trustee arising as a matter of law, Trustee shall have the power to take the fpllpwing
<br />actlons with respect to the Property upan the written request af Lender and Trustor: (a) Join in preparing and filing a map or plat of
<br />the Real Prpperty, including the dedication of streets or other rights tp the public; (b) join in granting any easement or creating any
<br />restrictlon pn the Real Property; and (c) join in any subordinatipn or other agreement affecting this peed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustes shall meet all qualifications required for Trustee under applicable law. In addition to ths rights and remedies set
<br />forth above, with respect to all or any part of tha Property, the Trustea shall have the right to foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial fpreclosure, in either case in accordance with and to the full extant provided by applicable
<br />law.
<br />Successor Trust@e. Lender, at l,ender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed af 7rust by an instrument executed and acknowledged by Lender and recorded in the office of the recprder vf Hall County,
<br />State pf Nebraska. The instrument shall contain, in additinn to all other matters required by state law; the names of the briginal
<br />Lender, Trustee, and Trustor, the book and page (ar computer system reference) where this Deed of Trust is recorded, and the name
<br />and address pf the successor trustee, and tha Instrument shall be executad and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successars in interest. 7he successor trustee, without conveyance of the Prpperty, 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 ths exclusion of all other provisions fpr substitution.
<br />NOTICES. Any nptice required to 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 raceived by telefacsimile (unless otherwise
<br />required by law), when deposited with a natipnally recognized overnight caurier, ar, if mailed, when deposited in the United States mail, as
<br />first class, csrtified or registered mail postage prepaid, directed to the addresses shvwn 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 Trust 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 notices under this Deed pf 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 />nptice purposes, Trustor agrees to keep Lsnder informed at all times of TrustoPs current address. Unless otherwise provided or required
<br />by law, if there is more khan one Trustor, any notice given by Lender to any Trustor is deemed to be nptice given to al) Trustors. It will be
<br />Trustor's responsibility to teil the others af the na;ice from Lender.
<br />MISCELLANEOUS PROVISIONS, The fallowing miscellaneous provisivns 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 />wnceming the matters covered by this peed of Trust. To be effective, any change or amendment to this paed of Trust 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 canvenience purposes only and are not to be used to interpret or
<br />define the prpvisions af this peed of Trust.
<br />Merger. There shall ba 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 held by or fpr the benefit of Lender in any capacity, withaut the written consent of Lender.
<br />Governing Law. Thls peed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of tha Stata af Nebraska without regard to its confllcts of law provisions. This Deed of Trust haa been accepted by
<br />Lender in the State of Nabraska.
<br />Cholce of Venue. If there is a lawsuit, Trustor agrees upon Lenders request to submit to the Jurisdictian of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and 5everal Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Daed pf Trust,
<br />No Walver by N.ender. 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 pmits to exercise any right will not mean that Lender has given up that right, If l.ender
<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 othar provisions
<br />pf this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />hava to gst Lender's consent again if the situation happens again. Trustar further understands that just 6ecause Lender consents to
<br />one or more of Trustor's requests, that does not mean l.ender will be required tp consent tv any of 7rustor's future raquests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishpnor,
<br />Severa6illty. If a court finds that any provision of thia Deed of Trust is not valid qr should not be enforced, that fact by itself will not
<br />- - -- mean tha! the rest of thi3 Dee�af Trust wiR not be valid or er;#crresd. T.herefare, �-cout# wilF,er�forc� the resf af the provisions-ef this -
<br />Deed of Trust even if a provision of this Deed of Trust may be found to ba 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 bensfit of the parties, their successars and assigns. If ownership of the Property becomes
<br />vested in a perspn other than Trustor, Lender, withput notice to Trustor, may deal with Trustors successors with reference to this
<br />Deed of 7rust and the Indebtedness by way af forbearance or extensipn without releasing Trustor from the obligations of this Deed of
<br />Trust or lia6ility undsr the Indebtedness.
<br />Time is of the Essence. Time is of the essence fn the performance of this Deed af Trust.
<br />Waiver of Homestead Exemption. Trustor hereby releasas and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall hava the following meanings when used in this Deed of Trust:
<br />Beneticiary. 7he word "Beneficiary" means Platte VaNey �tata-8ank &.-Icust Compan�, its successors and assigns.
<br />Borrower. The word "Borrower" means Heather J. Hockman and includes all co-signers and co-makera signing the Credit Agreement
<br />and all their successors and assigns.
<br />Credit A reement. The words "Credit AgreemenY' mean the credit agreement dated November 29, 2010 with credit limit of
<br />$49,6�0.00 from Borrower ta Lender, together with all renewals of, extensions pf, modifications of, refinancings of, consolidations
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