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� � � � 201201010 DEED OF TFtUST Loan No:872058457 (Continued) Page 6 office of the recorder of HALL County,State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference)where this Deed of Trust is recorded, and the name antl address of the successo� trustee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the tftle,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procetlure for substitution of Trustee shalf govem to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitati.on any notice of default a�d any notice of sale shall be given in writing,and shalf be effective when actually delivered,when actualiy received by telefacsimile lunless otherwise required by lawl,when deposited with a nationally recognized overnight courier,or,if mailed;when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any li.en which has pnority over this Deed of Trust shail be sent to Lender's atldress,as shown near the beginning of this Deed 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 persons, specifying that the purpose of the notice is to change the person's address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current adtlress. Uniess otherwise provided or required by law,if there is more than o:ne Trustor,any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. MISCE4L4NEOU5 PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: AmendmenTS. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective,any change or amendment to this Deed of Trusi must be in wriiing and must be signed by wtroever wili be bound or obfigated by ihe change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or defiine the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deetl of Trust with any other intersst or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of Yhe State bf Nebraslca without regard to its conflicts of law provisions. This Deed of Trust has been accepied hy Lender in the State of Nebtaska. Choice of Venue. If ihere is a lawsuit,Trustor agrees upon Lender's requesi io su6mit to the jurisdiction of the courts of Hail County,State of Nebraska. Joint and Several Lia6ility. All obligations of Trustor under this Deed of Trust shall be joint and several,a�nd all references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is respansible for all obligations in this Deed of Trust. No Waiver by Lentler. Trustor understands Lender will not give up any of Lender's rights under#his Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. ff Lender does agree in wriTing to give up o�e of Lender's rights,thaT does not mean Trustor will not have to comply with the other provisions of fhis Deed of Trust. Trustor also understands that if Lender does consent to a request,that tloes not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests,that does�ot mean Lende�.r will be required to consent�m any ofi Trustor's future requests. Trustot waives presentment,d�emand for payment,protest,and notice of dishonor. Severebility. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that fact 6y itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefor2,a court will en�force the rest of the provisions of this Deed of Trust even if a provision of this Deed�of Trust may be found to be invalid or unenforceable.. Successors and Assigns. Subject to any limitations stated in this Deed o#Trust on transfer of Trustor's interest, this Deetl of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. if ownership of the Property becomes vested in a person othe�than Trustor,Lender,without nortice to Trustor,may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way offorbearance or extension without releasing Trustor from the obligati�ons of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the righY to any jury trial in any action,proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Facemption. Trustor he�eby releases and waives all rights and benefits of the homesteaii exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns. � Borrower. The word"8orrower"means DENNIS E MCCARTY and WENDY L MCCARTY and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated February 3, 2012, Wlfh credit limit of$10,�00.00 from Trustor to Lender;together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreernent. The maturity date of this Deed of Trust is Fe6ruary 3,2015.. Deed of Trust. The words "�eed of Trust" mean fhis Deed of Trust among Trustor, Lender, and Trustee, a�d includes without limitation all assignment and security inte�est provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the enuironment, including without limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42 U.S.C. Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No.99-498("SARA"1,the Hazardous Materi.8ls Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901, et seq.,or other applicable state or federal laws,rules, or regulations adopted pursuant thereto�. Event of Default. The words"Event of Default"mean any of the events of defauit set forth in this Deed of Trust in the events of default section of this Deed of Trust. F�cisYOng Indebtedness. The words"Existing Inde6tedness" mean the indehtedness descri6ed in the Existing Liens provision of this Deed of Trust.