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201200929
<br /> DEED OF TRUST
<br /> Loan No: 872058431 (ContlnuBd) Page 6
<br /> trustee,and the instrument shall 6e executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor 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 substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,iocluding 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(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 first class,certified or registered mail postage prepaid,direcYed 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 priority over this Deed of Trusi shall be sent to Lender's address,as shown near the beginning of
<br /> this Deed of T�ust Any person may change fiis 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 Trastors. It will be Trustor's responsibility to teli 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 Related Documents is Trustor's entire agreement�
<br /> with Lender concerning ihe matters covered 6y this Deed of Trust. To be effective,any change or amendment tc
<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 Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time heid by or for the benefit of Lender in any capacity,without the written conseM
<br /> of Lender. -
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the e�ctent not
<br /> preempted by federel law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of T�ust 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 submii to the jurisdiction of the
<br /> courts of Hall County,State of Nehraska.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's righis under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lenderdelays or omits to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean Trusto�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 wili 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 not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. If a court fiinds that any provision of this Deed of Trust is not valid or shoufd not be enforced,that
<br /> fact by itself will not mean that tFi.e rest of this Deed of Trust will not be valid or enfo�ced. TBerefore,a court wiil
<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 unenforceab.le.
<br /> Successors and Assigns. Subject to any limitations staied in this Deed of Trust on transfer of Trustor's interest �
<br /> this Deed of Trust shall fie binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender,without notice to Trustor,may
<br /> deal with TrusYOr`s successors with reference eo this Deed of Trust and the Indebtedness by way of forbearance or
<br /> e�ctension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of T�ust.
<br /> Waive Jury. All parties to this Deed of Trust hereby waive Yhe right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. 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�eed of Trust:
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means ELLA J PRAWL and includes all co-signers and co-makers signing the
<br /> Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated Fe6ruary 1, 2012, With
<br /> cYBdit limit of $7,800,00 from Trustor to Lender,together with all renewals of,extensions of,modifications
<br /> of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is February 1, 2017. NOTICE TO TRUSTOR: �THE CREDIT AGREEMENT CONTAINS A
<br /> � VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmentaf Laws" mean any and all state, federal and local statutes, .
<br /> regulations and ordinances relating to the protection of human health or the eovironment, including wfthout
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 198Q as amended,42
<br /> � U.S.C.Section 9607,et seq. ("CERCLA"1,the Superfund Amendments and Reauthorization Act of 1986,Pub.L. .
<br /> � No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,tfie Resou�ce
<br /> ConservaYion and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federel laws,rules,
<br /> or regulations adopted pursuanY thereto.
<br /> - Evernt of Default. The words"Event of DefaulY'mean any ofi the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing In�ebtedness. The words"Existing Indebtedness"mean the indebtedness described in the Existing Liens
<br /> provision of this�eed of Trust. .
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemi:cal or infectious characteristics, may cause or pose a present or poteniial hazard
<br /> Yo human healih or the environment when improperly used,treated,sYOred,disposed oi,generated,manufactured,
<br /> vansported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and
<br /> indude without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
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