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201201954 DEED OF TRUS-f Loan No: 872055529 (Continued) Page 6 MISCELLANEOUS PROVISIONS. The followi.ng 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 agreemeM with Lender concerning the matters covered by this Deed of Trust. To be effecYive, any change or amendment to this Deed ofi Trust must be in writing and must be signed 6y whoever wili be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust a�e for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed o�f Trust with any other interesY or estate in the Property at any time held by or for the be�nefit 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 the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the couris of Hall County, State of Nebraska. JoinY and Several Liabili4y. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references Yo Trustor sha❑ mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in This Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right wi�[I not mean that Lender has given up that right. ff Lender does agree i.n writing to give up one of Lender's righYS, that does not mean Trustor will not have to comply with the other provisians of this Deed of Trust Trustor also understands that if Lender tloes consent to a request, that does not mean that Trustor will not have to get Len�d�er's consent again if the situaiion happens again. Trustor further understands tihat just because Lender consents to one or more of Trustor's requests, that does not mean.Lender will be required to consent to any of Trustor's future requests.. Ttus*or waives presentment, demand fior payment, protest, and notice of dishonor, Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not 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 Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforcea.ble. Successors and Assigns. Subje:ct to any limitations stated in this Dee.d of Trust on transfer of TrusTOr's interest, this Deed 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 other than Trustor, Lendar, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Inde�btedness by way ot forbearance or extension without releasing Trustor from the obligations o'f this D�eetl of Trust or liability under the Indebtedness. Time is of the Essence. Time is of tne essence in tne performance of tnis Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefiits ofi the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the foflowing meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Equitable Bank,and its s�uccessors and assigns�. Borrower. The word "Borro�wer" means DONALD J LYIONS and KATHLEEN R LYIONS 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 March 8, 201 2, Wlth CPedlt limit of $30,000.00 from Trustor to Lender, 2ogether with all renewals of, extensions of, modifications of, refinancings of, consol��idations of,-and substitutions for the promissory note or agreement. The maturity d�ate of this Deed of Trust is March 8, 201 5. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust amang Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and lo�cal statutes, eegulatio�ns and ordi�nances relati.:ng to the protection of human health or the environment, 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 Amendme:nts and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S_C. Section 1801, et seq.,the Resource Conservation and Recovery Act; 42 U.S.C. Section 6��901, et seq., or other a.pplicabie state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Hazardous Substances. The words "Hazardous Substances" m.ean materials Yhat, because ofi tneir quantity, � concentration or physicat, chemi�caF or infectious characteristics, m�ay cause or pose a present or potential hazard to human headth or the environment when improperly used, treated,stored,. disposed of, generated, manufactu�ed, transported or otherwise handled. The words "Hazardous Substances° are used in thei�r very broadest sense and indude without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed und�er the Environmental Laws. The term °Hazardous Substances" also includes., without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements_ The word "Improvements" means all existing and fiuture improvements, build�i�:ngs, structures, mobile homes affixed on the Real Property, facitities, additions; replacements and oYher construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, Yogether wiih all renewals of, extensions of, modificatio;ns of, consolidations of and substitutions for the Credit Agreement o:r Related Documents and any amounts expended or advanced by Lender to discnarge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any i.nterest in the Credit Agreement. Personal Property. The words "Personal Property" mean al! equipment, fixtures, and other articles of personal .�� s+�.�.