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aEED OF TRUST 2 0110 2 7 2�
<br />Lo�n No: 11085 (Continued) Page 6
<br />Joint end Several Li�bility. Ail obligations t�f Trustor under this Deed t�f 1'rust shell b� Joint end several, and alf r�ferences to 7rustor
<br />sh�ii mean each and every Trustor. 'fhis means that each Trustor signing below is responsible for ali abligations in this Deed of Trust.
<br />No Weiver by l.ender. 1"rustor underst�nds L�nder will not give up any of Lender's rights under this Deed 6f Trust unless Lender does
<br />so in writing, The fect thet Lend�r d�lays or omits to exeroise any right wi�l �ot m�an that Lender h�s given up th�t right. If Lender
<br />does agree in writing to give up one of Lender's rights, thet does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. 'Trustor elsa understends that if Lendar does consent to a request, that does not mean thet Tru$tor wiil not
<br />have to get Lender`s consent agsin if th� situation heppens again, 7rustor #urther understands thet Just because L�nder ce�n�ents to
<br />one or more of Trustor's requests, th2t does not mean Lender will be required to consent to any of Trustor's future requests. 7rustor
<br />waives presentment, demand for payment, proteat, �nd notice of dishonor.
<br />Severability. if a court finds thAt any provision ot this Deed of Trust is not valid or shouid not be enforced, that fect by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />3uccessars and Aasigns. �ubject to eny limitetions stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon �nd inure tt� the b�nefit of the pertie�, their �uccessors �nd a�sign�. If ownerehip of the Property becomes
<br />ve�ted ir� � person other than �`rustor, Lender, withaut r�otia� to Trwstor, mey de�l with Truetar`s aucceesars with re1'erence to this
<br />Deed of 7rust and the Indebtedness by way of forbearance or ext�nsion without releesing trustor from the oblig8tions of this Deed of
<br />Trust or liability under the Indebtedness.
<br />Tims ie c�f the Essence. Time is sf the esaenc� in the perform�nc� of this Dsed of Trust.
<br />Weiver of Homestsad Exemption. 7ruscor hereby releases and waives all rights and benefits of the homesteed exemption laws of th�
<br />State of NebresRa as te all Indebtedn�ss secured by this aesd of TrusL
<br />DEFINITIONS. The fol�owing words shall have the following meanings when used in this Deed of Trust:
<br />Be�eficiary. The word "Bensfici�ry" m�ens N�bra�ka National Benk, and its euccessars and assigns,
<br />Borrower. The word "Borrower"' means Kyle R. Overturf and Leah C. Petersen Snd includes all casigners and co-makers signing the
<br />Note �nd ell their successors end �ssigns,
<br />I�eed af 7rust. The words "need of "frust" mean this D�ed of Trust amdng Trusfo�, Lender, snd Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Person�l Property end itents.
<br />Environmentai Laws. The wards "Environmental Laws" mean any end all state, feder�l and locel stetutes re�ulations and ordinances
<br />r�leting to the protection of human health or the environment, including without iimi#ation th� Comprehensive Environmentel
<br />Response, Compensetion, end Liebility Act df 1880, as �mended, 42 U.�.C. �ection 9601, et s�q, ("CERCLA`), the Superfund
<br />Amendments and Fteauthoriz�tion Act of 1968, Pub. L. No. 99-�99 i"SARR"1, the Hez�rdous Msteri�ls 7rensportatian Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 69b1, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. 7he words "Event of Default" mean any of the events of detault set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances. 7he words "Hazardous Substances" mean materials that, because of their quantity, concentrsCion or
<br />physical, chemicai ar infectious characteristics, may cause or poxe a prasent or potential haaard tn human health or the environment
<br />when improperly u�ed, treated, st�red, disposed of, generated, manu�actured, transported or otherwiae hendled, 7he words
<br />"Hexe�dous Substances" ere used in th�ir very broadest s�ng� and include without limitatfon any and All hazardous or toxic
<br />substances, meterials or wa�te es defined by or listed under the Environmental Laws. 7he term "Hazardous Substances" also
<br />includes, without limit�tian, p�troloum end petroleum by-preducts or �ny fraction ther�of �nd asbestos.
<br />fmprovements. the word "Improvements" means ail existing arrd future improvements, buildings, structures, mobile homes affixed on
<br />the Reel Proparty, faciliti�s, additions, replacements end ather construotion on the Real Property.
<br />fnd�btedneas. 1`Y�e wtsrd "Indebtedn�ss" ma�ns all principel, intere�t, end other amounta, costs and expenses p�ymble under the Note
<br />ar Releted �ocum�nts, together uvith all renewal� af, �xtenaion� of, madifibetione of, cmn�olidati�ns of and substitutiona far the Ne�te
<br />or RelAted Documents ancf any emaunts ex��nded ar �dv�na�d by L�nd�r tu di�ch�rg� 'Tru�t�r'e oblig�tions or expenees ino�rred by
<br />Truste� or Lender to enfdree Trustor's obligetic�ns und�r this �eed of Trust, together witit interest an such arnounts �s provided in this
<br />Deed of Trust. Specifically, without limitation, indebtedness includes all amounts that may be indirectly secured by the
<br />Groas-Collat�ralization proviaion of thi� Deed of Trust.
<br />Lender. The word "Lender" means Nebr�ska National Bank, its successors and assigns. 7he words "successors or assigns" mean
<br />any person or company that acquires any interest in the Note.
<br />Note. Th� word "Note" mean� th� promis�ary not� d�ted Apr1i 6, 2051 in tho arigin�l principal am�unt of $54 ,4�10.�0
<br />from Trustor to lender, tagether with ell renewafs of, extensiens df, modificatians afi, refinancings of, consblidatlons of, and
<br />substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is April 6, 2026.
<br />Parsonal Property. Th� worda "Per�onef Property" mean ell equipment, fixtures, end other srticles of personai property now or
<br />hereafter owned by Truator, and now or hereafter atteahed or affixed to th� Reel Property; togetfier with all ecce�siona, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the f'roperty.
<br />Property. The word "Property" means collsctively the Resl Property and the Personal Property.
<br />R�al Property. The word� "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related documonts. 1'he worda "Fi�l�t�d L7acum�nts" mean all prnmissory notes, oredit egreemerrts, loan egreements, environm�ntel
<br />agr�em8nts, guaranties, security agreements, mortgeges, deeds of trust, security deeds, collateral mortgeges, and all other
<br />instrument�, �gr�ement� and de�cuments, whath�r now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. 7he word "Rents" means aii present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />#r�m thg Prop�r4y.
<br />Trustea. The word "'Trustes" mear�s Nebraska Nationai Bank, whose address is PO Box 397, Kearney, NE 6$848 and eny substitute
<br />or successor trustees.
<br />Tru�tar. The w€�rd "7ru�t�ar"` ma�na Kyle F1. �v�rturt end L�aeh �. Petereen�
<br />EACH TRUS70R A6KNAWl�nQ�ffi HAVINi3 fi�AF� �Li. T'HE PFf�V1�lONS OF �"NIS DE�b OF TiiUS'C, ANd �AGW THiJS70R AGREES Tt)
<br />I`T� 1"��tM�.
<br />7`RGl�T�R:
<br />f
<br />X
<br />Kyl . Overturf
<br />��,�.�� ����-
<br />�,f�h . etersen
<br />
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