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D (COn�tirtU dj � 0 �� o�� s� Page 6 <br />collection services, the cost of searching records, obtaining tiUe reports (including foreclosure reports), surveyors' <br />reports, and appraisal fees, tiUe insurance, and fees for the Trustee, to the extent permitted by appllcable law. <br />Trustor also will pay any court costs, in addition to all other sums provided by law. <br />Rlghts of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE, The following provisions relating to the powers and obligations of Trustee <br />are part of this Deed of Trust: <br />Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shafl have the power to <br />take the following actions with respect to the Property upon the written request of Lender and Trustor. {a) Join fn <br />prepar(ng and fiting a map or plat of the Real Property, including the ded(cation of streets or other rights to the <br />public; (b) join in granting any easement or creat(ng any restrtctton on the Real Property; and (c) join fn any <br />subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust <br />Trustee. Trustee shall meet all qualificatfons required for Trustee under applicable law. In addition to the rights <br />and remedfes set forth above, with respect to all or any part of the Property, the Trustee shall have the right to <br />foreclose by notice and sale, and Lender wfll have the right to foreclose by judtctat foreclosure, fi either case in <br />accordance with and to the full extent provided by applicable law. <br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee <br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lendar and recorded in the <br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other <br />matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or <br />compater system reference) where this Deed of Trust is recorded, and the name and address of the successor <br />trustee, and the instrument shall be executed and acknowledged by all the beneflciaries under this Deed of Trust or <br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all fhe <br />tiUe, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for <br />substitution of Trustee shall govem to the exclusion of 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 <br />and any notice of sale shall be given in writing, and sha(f be effecfive when actualty delivered, when actually received <br />by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if <br />mailed, when deposited in the United States mail, as flrst class, certified or registered mail postage prepaid, directed to <br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of <br />any lien which has p�iority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of <br />this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal <br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's <br />address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless <br />otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is <br />deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. <br />MISCELLANEOUS PROVISIONS. The following misceltaneous provisions 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 <br />with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to <br />this Deed of Trust must be in wrfting and must be signed by whoever will be bound or obllgated by the change or <br />amendment. <br />Caption Headings. Caption headings in this Deed of Trust are for convenience p4rposes only and are not to be <br />used to interpret or deflne 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 with any other fnterest or <br />estate in the Property at any time held by or for the beneflt of Lender in any capacity, without the written consent <br />of Lender. <br />Governtng Law. This Deed of 7rust will b0 govemed by federal law applicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Nebraska wfthout regard to !ts confllcts of law prov)slons. This <br />Deed of Trust has been accepted by Lender in the State of Nebraska. <br />Choica of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdfction of the <br />courts of Hall County, State of Nebraska. <br />Joint and Severat Liabti(ty. Aff obiigations of Trustor under this Deed of Trust shatl be Joint and severat, and all <br />references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is <br />responsible for all obligations in this Deed of Trust. <br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rlghts under this Deed of Trust <br />unless Lender does so in writing. The fact that Lender delays or omlts to exercise any right wiU not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of LendePs rights, that does not <br />mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands <br />that if Lender does consent to a request, that does not mean that Trustor wilt not have to get Lender's consent <br />again if the situation happens again. Trustor further understands that just because Lender consents to one or more <br />of TrustoPs requests, that does not mean Lender will be required to consent to any of Trustor's future requests. <br />Trustor walves presentment, demand for payment, protest, and notice of dishonor. <br />3everability. If a court flnds that any provision of this Deed of Trust is not valid or should not be enforced, that <br />fact by ftself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court w(ff <br />enforce the rest of the provisions of this Deed of Trust even if a provision of th(s Deed of Trust may be found to be <br />invaUd or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, <br />this Deed of Trust shaf( be binding upon and inure to the beneftt of the parties, their successors and assigns. If <br />ovrnershlp of the Property be.comes vasted in a person other than 7rvstor, Lender, without notice to Trustor, may <br />deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or <br />extension without releasing Trustor from the obligations of this beed of Trust or liability under the lndebtedness. <br />Time Is of the Essence. Time is of the essence in the pertormance of this Deed of Trust. <br />WaNer oP Ho�nastead Exemption. Trustor hereby releases and waives atl rights and benefits of the homestead <br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: <br />Beneficfary. The word "Beneflciary" means Platte Valley State Bank & Trust Company, and its successors and <br />asstgns. <br />Borrower. The word "BorroweP' means Jerome C Stoner and Den3se A Stoner and includes all co-signers and <br />co-makers signing the Note and all their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and <br />includes without limitation afl assignment and security interest provisions relating to the Personal Property and <br />