|
Loan No 20096362 DEED OF TRUST 2 Q i i O O 7 O 2
<br />(COntinued) Page 5
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this
<br />Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the reco�der of HALL COUNTY County,
<br />State of Nebraska. The instrument shali contain, in addition to all other matters required by state law, the names of the original Lender,
<br />Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of
<br />the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their
<br />successors in interest. The successor trustee, without conVeyance of the Property, shall succeed to all the title, power, and duties conferred
<br />upon the Trustee in this Deed of Trust and by applicable law. This procedure for substftution of Trustee shall govern to the exciusion of all
<br />other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Deed of Trust, inciuding without (imitaUon any notice of defautt and any notice of sale shall
<br />be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (uniess otherwise required by iaw),
<br />when deposfted wfth a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, cart'rfied or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure
<br />from the holder of any tien which has priority over thfs Deed of Trust shafi be sent to Lender's address, as shown near the beginning of this Deed
<br />of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or
<br />persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender
<br />informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice
<br />given by Lender to any Trustor is deemed to be notice given to all Trustors. lt will be Trustor's responsibility to tell the others of the notice from
<br />Lender. '
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisfons 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 concerning the
<br />matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must ba
<br />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 define
<br />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 wiih any other interest or estate in the Properry at
<br />any time he{d by or for the benefit of Lender in a�y capac'rty, without the wr'�tten consent of Lender.
<br />Governing Law. This Deed of Trust wiil 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 conflfcts of law provisions. This Deed of Trust has been accepted by
<br />Lender i� 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 FURNAS County,
<br />State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in
<br />writing. The fact that Lender delays or omits to exercise any right wili not mean that Lender has given up that right. If Lender does agree in
<br />writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
<br />Trustor also understands that if Lender does-consent t0 � request, that does not mean that Trustor will not have to get Lender's consent
<br />again if the situation happens a�aiA: ' TTUStot further understands that just because Lender consents to one or more of Trustor's requests,
<br />that does not mean Lenderwill be,requiied to corrsent to any of Trustor's future requests. Trustor waives presentment, demand for payment,
<br />protest, and notice of dishonor.
<br />Severabflity. tf a coart finds that anyprovision oT'this Ueed of Trust is not valid or should not be enforced, that fact by itself wili not mean
<br />that the rest of this Deed of Trust will not be valid qt enfarced. 7herefore, a court will enforce the rest of the provisions of this Deed of Trust
<br />even if a provisiora o( this Deed of Trust m�y be found.to be invalid or unenforceable.
<br />3uccessors and ��lssigns: 3ubject to an}r'limitations �tated in this Deed ot Trust on transfer of 7rustor's interest, thl� Deed � Trust shall be
<br />binding upon and inure to the benefit of the parties, thelr successors and assigns. If ownership of the Property becomes vested in a person
<br />other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
<br />Indebtedness by way of forbearance or extension without releasing Trustor from the obiigations of this Deed of Tn,ist or liability under the
<br />indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />Waive� of Homestead Exemptfon. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to all Indebtedness secured by tt�is Deed of Trust.
<br />DEFINITIONS. The following words shail have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Beneficiary" means FIRST CENTRAL BANK, and its successors as►d assigns.
<br />Borrower. The word "Borrower" means HAZEL M DURNER and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and inc{udes without limitation atl
<br />assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and aii state, federal and local statutes, regulations and ordinances
<br />�elati�g to the protection of human heafth or the environment, including without Iimitation the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 7980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
<br />Reauthorization Act of 1986, Pub. L. No. 89-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable siate or federal laws, rules, or regulations
<br />adopted pursuant thereto.
<br />Event of Defauft. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default
<br />section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation-party to Lender, including without
<br />limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
<br />chemicai or infeetious characteristics, may cause or pose a present or potential hazard to human healih or the environment when improperly
<br />used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are
<br />used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by
<br />or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum
<br />by-products or any fraction thereof and asbestos.
<br />Improvements. The word "improvements" means all existing and #uture improvements, buildings, structures, mobile homes affixed on the
<br />Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br />Lender to enforce Trustor's obUgations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br />Specffically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Deed of Trust,
<br />together with all interest thereon.
<br />Lender. The word "Lender" means FIRST GENTRAL BANK, its successors and assigns. The words "successors or assigns° mean any
<br />person or company that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated December 20, 2010, in the original principal amount of $10,000.00
<br />from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, eonsolidations of, and substitutions for
<br />�: +� � � �� it �', �� :�;
<br />
|