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201206311
<br /> DEED OF TRUST
<br /> Loan No: 872058095 (Continued} Page 6
<br /> trustee,and the instrument shall be 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 tliis Deed of Trust and by applicable law. This procedure for
<br /> substftution of Trustee shall govem to�he exclusion ofi all other provisions for substitution.
<br /> NOTICES. Any notice required to 6e given untler this Deed of Trust,including without Iimitation any notice of default
<br /> and a�y notice of sale shall be given in writing,and shall be effective when actually delivered,whe�actually received
<br /> by telefacsimile(unless otherwise required by law1,when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United Stafes mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of T�ust. AIl copies of notices of foreclosure from the holder of
<br /> any lien which has priority 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 tB.is Deed of Trusi by giving formal
<br /> written notice Fo 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 ali times of Trustor's current address. Unless
<br /> otherw'ise 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 Yo tell the others of tbe notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trus2:
<br /> Ame�dmeMs. What is written in This Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lentler 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 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 cornenience purposes oNy 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 oYher interest or
<br /> estate in the Property at any time held by or for the henefit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law�. This Deed of Trust will be govemed by federal law applicable to Lender and,to ffie extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provis�ions. This
<br /> Deed of Trust has baen 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 ofi Nebraska.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trusf
<br /> unless Lender does so in writing, The fact that Lender delays or omits to exercise any�ight 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 Trusror will not have to comply with the oYher provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request,t6at does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands thai 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 Trusto�'s future requests�.
<br /> Trustor 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 enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust wili not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this�eed of Trust even if a provision of this Deed of Trust may tie 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 of Trust shall be 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 Trustor's successors with reference to this Deed of Trust and the Indebtedness by way offorbearance or
<br /> extension 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 Trust.
<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 here6y releases and wai�es 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 wortl"Beneficiary"means Equitable Bank,.and its successors and assigns.
<br /> Borrower. The word "Borrower" means LINDA K HELZER and includes all co-signers and co-makers signing the
<br /> Credit Agreement and aIl their successors and assigns�.
<br /> Credit Agreement. The words"Credit Agreement"mean the credit agreement dated July 27,2012,With Ct'2dlt
<br /> limit of 530,000.00 from Trustor to Lender,together with all renewals of, extensions of, modifications of,
<br /> refinancings of, consolidations of,and substitutions for the promissory note or agreement. The maturity daYe of
<br /> this Deed of Trust is July 27;2017.NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAWS A VARIABLE
<br /> lNTEREST RATE.
<br /> Deed of Teust. 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 "Environmental Laws" mea� any and all state, federal and loaal statutes,
<br /> regulations and ordinances relating to the protection of human health trr the enviranment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,et seq. ("CERCLA"),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 7801,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words"Event of Default"mean any of 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 Indebtedness. The wo�ds"Existing lndebtedness"mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Su6stances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemical orinfectious characteristics,may cause or pose a pres�ent or potential hazard
<br /> to human healfh or the environment when.improperly used,treated,stored,disposed of,generated,manufactured,
<br /> tra�sported or otherwise handled. The words�"Mazardous 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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