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201206457
<br /> DEED OF 7RUST
<br /> Loan No:872058713 (Continued) Page 6
<br /> trustee,and the instrument shall be executetl 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 appticable 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,including 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,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. 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 this Deed of Trust by giving formal
<br /> writte� notice to the other person or persons, speciiying 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 Trusmr, any notice given by Lender to any Trustor is
<br /> deemetl to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed oi Trust:
<br /> Amendments. What is written in this Deed o#Trust and in the Relatetl Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust To be effective,any change or amendment to
<br /> this�eed of Trust must be in writing and must be signed by whoever will be bound or obligaTed by the change or
<br /> amendment.
<br /> Capfeon Headings. Caption headings in this Deed of Trust are for eonvenience 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 i�terest or estate created by Yhis Deed of Trust with any other interest or
<br /> estate in#he 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 govemed by federal law applicable to Lender and.,to the exterrt not
<br /> preempted by federal law,the laws of the State of Nebreska without regard Yo its conflicts of law provisions. This
<br /> Deed of Trust has been accepted 6y Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon LendePs request to submit to the jurisdic'tion of the
<br /> courts of Hall County,State of Nebreska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall 6e joint and several,and aIl
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> respo�sible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays 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 Trustor will not have to comply with the otFier provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request,that does not mean that Trustor will 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 req�uests,that does not mean Lender will be required m consent to any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishono�r.
<br /> Severability. If a court finds that any provisio�of this Deed of Ttust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of tFiis Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the iest 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 /> Suceessors and Assigns. Subject Yo any limitations stated in this Deed ofi Trust on transfer of Trustor's interest,
<br /> this Deed oi Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. ff
<br /> ownership of the Property becomes vested in a persan other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed ofSrust and the Indebtedness by way of forbearance 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 perfoYmarice of this Deed of Trust.
<br /> Waive Jury. Afl parties to this Deed of Trust hereby waive the right to any jury trial in any action,praceeding,or
<br /> counterclaim brought by any party against any other party�.
<br /> Waiver of Homestead Exemption. TNstor hereby releases and waives all rights and be�.nefits of the homestead
<br /> exemption laws of the State of Nebraska as to atl 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 /> Bene£ciary. The word"Beneficiary"means Equitable Bank,and its successors and assigns. �
<br /> Borrower. The word "Borrower" means TODD D PfKOP and CHRISTINE D PIKOP and'mcludes all co-sigrters and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agteement. The words"Credit Agreement" mean the credit agreement dated July 30,2012,with credit
<br /> �11711t Of $20,100.00 from Trustor to Lender, together witR all renewals of, extensions of,modifications of,
<br /> refinancings of, consolidations of, and substitutions.for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is July 30,2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE
<br /> 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 inte�est provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and alt state, federal and local statutes,
<br /> tegulations antl ordinances relating to the protection of human health or the environment, including witho�ut
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liahility 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 1801,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,eY seq.,or other applicable state or federal laws,rules,
<br /> or regulations adopted pursuant theteto.
<br /> Event of Default. The words"Event of DefaulY'mean any of the eve�ts of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Inde6tedness. The wo�ds"F�cisting Indetitedness" mean the indebtedness described in tlie Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
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