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201207253 DEED Of TRUST Loan No: 872056227 (Continued) Page 6 Amendments. What is written in this Deed of Trust and in the RelaYed Documents is Trustor's entire agreement with Lender eoncerning the matters covered by this Deed ofi Trust. To be effective, any change or amendment to this Deed of Trust must be i.n writing and must be signed by whoever wi❑ be bound or obligated by tne 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 define the provisions of this Deed of Trust�. Merger. There snall be no merger ofi the interest or estate created by this Deed of Trust with any othe�interest 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 well be governed by federal law applicable to Lender and, to the extent no4 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 courts of Hall County, State of Nebraska. Joint and Several Liability. All obligations of Trustor under this Deed ofi Trust shall be joint and several, and ail references to Trustor shall mean each. and every Trustor. This means tnat each Trustor signing below is responsible for all obligaiions in this Deed ofi Trust. No Waiver by Lender. Trustor understands Lender will not give up any ofi LendeYs rights under this 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 one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust Trustor also understands that if Lender does consent io a request, that does not mean that Trustor will not have to get Lender's conse�nt again if the siTuation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests, that does not mean Lender will be required to conse:nt to any of Trustor's future requests. Trustor waives presentment, demand for payment, protest,and notice of dishonor. Severability_ Ff a court finds thai any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself witl 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 unenforceable. Successors and AssignS. Subject to any Iimitations stated in this Deed of Trust on transfer ofi Trustor's interest, this Deed of Trust snall 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, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebted�.ness. 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 Yhe right to any jury triaf in any action.proceeding, or counterclaim brought by any party against any bther party_ Waiver o4 Homestead E�cemption. Trustor hereby releases and waives all rigMs and benefiits of tne nomestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFIfVIT10NS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word"Benefiiciary" means Equitable Bank, and its successors and assigns. Borrower. The word "Borrower" means MICHAEL A PALU and VALERIE K PALU and includes all co-signers and co-makers sig�ning the Credit Agreement and all their successors and assigns. Credit Agreement_ The words "C�edit Agreement" mean tne credit agreement dated August 23, 209 2, Wlth c�edit limit Of $80,000.00 firom Trustor to Lender,together with all renewals of,extensions of,modifications of, refiinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is August 23, 20"I 5.. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Perso.nal Property and Rents. Environmental Laws_ The words "Envitonmental Laws" mean any and alI state, federal and local siatutes, regulations and ordinances relating to the protection ofi human healtn or the envi.ronment, 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 Reautnorization 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 690'I, et seq., or other applicable state o�federal laws, rules, or regulations adopted pursuant thereto, Event of Default. The words "Event of Default" mean any of ihe events ofi 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^ mean materials that, because of theit quantity, concentration or physical, chemical or infectious characte�istics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and includ�e without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmen4al Laws. The term "Hazardous Substances" also indudes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means�all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, fac[fities, additions, replacements and other construction on the Real Property... Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Gredit Agreeme�rtt or Related Documents, together with all renewals of, extensions of, modifications ofi, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lentler 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 interest in the Credit Agreement. Personal Property, The words "Personal P�operty" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or afifiixed to the Real Property;