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201200629
<br /> DEED Of TFiUST
<br /> Loan No: 872058423 {Continued) Page 6
<br /> trustee,and the instrument shall be executed and acknowledged by all the beneficiaries undet tliis Deed of Trust or
<br /> their successors in interest. The successot Trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for su6stitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,includ�ing without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> by telefacsimile(unles.s otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> - mailed,when deposited in the United States mail,as first 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 foredosure from the holder of�
<br /> any lien which has priority over this Deed of Trust shall 6e 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 putposes,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 responsi6ility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Rela2ed Documents is Trustor's entire agreement
<br /> with Lender co�cerning the matters covered by this Deed of Trust: To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed of T�ust..
<br /> Merger. There shall be no merger of che interest or es_ate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not
<br /> p�eempted by federal law,the laws of the State of Ne6raska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in 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
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. All otiligations of Trustor under this Deed of Trust shall be joint and severa[;and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signi:ng below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver 6y Lender. Trustor untlerstands Lender will not give up any of Lende�'s rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact thaC Lender delays or omits 2o exercise any right wili not mean that
<br /> Lender has given up that right. If Lentler does agree ln writing to give u:p one of Lender's 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 noti mean that Trustor wiil 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 Trustor`s requests,that does noY mean Lender will be required to consent to any of TrustoPS future requests.
<br /> Trustot waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be e�forced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid 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 af Trust shall be binding upon and inure to the benefit of the parties,their successors and ass+gns. If
<br /> ownership of the Property becomes vested in a person.other than Trustor,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 T�ustor from the obligations of this�eed of Trust or liability under the Indetitedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any parYy against any other party.
<br /> Waiver of Homestead Ezemption. Trustor hereby releases and waives all 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 /> Beneficiary. The word"Benefiiciary"means Equitable 8ank,and its successors and assigns.
<br /> Borrower. The word"Borrower"means GARY G KEMMET and LINDES J KEMMET and includes all co-signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated January 20, 2012, Wlth
<br /> credit limit of 523,000.00 ftom Trustor to Lender,together wiYh all renewals of,extensions of,motlifications
<br /> of,refinancings of,conso�lidations of,and subsiitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is January 20, 2017. NOTIGE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A
<br /> VARIABLE INTEREST ftATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed ofi Trust among Trustor, Lender, and Trustee, and
<br /> includes witFiout limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental L2ws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances retating to the protection of human health or the environment, including without
<br /> IimitaIion the Comprehensive Environmental Response, Compensation,and Liability Act of 19�80,as amended,42
<br /> U.S.C.Section 9601, et seq. ("CERCLA"),ihe Superfund Amendments and Reauihorization Act of 1986,Pub. L.
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S..C.Section 1801;et seq.,the Resource
<br /> ConservaYion and Recovery Act,42 U.S.C. Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or rBgulaYions adopted pursuant thereto. �
<br /> Event of Default. The words"Event of DefaulY'mean any of the events of default set forth in this Deed of Trust in
<br /> the evenis of default section of this Deed of Trust. �
<br /> F�cisting Indebtedness. The words"Ezisting Indebtedness"mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust. -
<br /> Hazardous Substances. The words "Hazardous Su6stances" mean materials that, because of thelr quantity,
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