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201207520 DEED OF TRUST Loan No: 872058747 (Contlnued) Page 6 N�OTICES. Any notice requited to be given under this Deed of Trust,including without limitation any notice of default and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received 6y telefacsimile(unless otherwise required by law1,when deposited with a nationally recognizetl overnight courier,or,if mailed,when deposited in the United States mail,as first class,certifiied or regisYered mail postage prepaid,directed to the addresses shown near the beginning oi this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the tieginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by givi�g 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 address. Unless otherwise providetl or required by law,if there is more than�one Trustor,any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will 6e Trustor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS 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 conceming the matters covered by this Deed of Trust. To be effective,any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the 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[he provisions of this Deed ofi Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any othe�interest or estate i.n the Property at any time held 6y or for the benefit of Lender in any capacity,without the written consent of Lender. Governeng Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the eMent 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 courts of Hall County,State of Nebraska. Joint and Several Liabelity. All obligations of Borrower and Trusmr under this Deed of Trust shall be joi�t and several,and all references io Trustor shall mean each and every Trustor,and aq references to Borrower shall mean each and every Borrower. 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 a�ny of Lender's rights under this Deed of Ttust unless Lender does so in w�iting. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that tight. If Lender does agree in writing tn 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. Trusto�also u�derstands that if Lender does consent to a request,that does 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 not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment,demand for payment,protest,and notice of dishonor. Seve�ability. If a court finds that any ptovision of this Deed of Trust is not valid or should not be enforced,that fact hy 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 unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed 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 successor5 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�eed of TNst and the Indebtedness by way of forbearance or eictension without releasing Trustor from the obligations of this�eed 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 TrusY hereby waive the right to any jury trial in any action,proceeding,or couMerclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the Siate 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 Equttable Bank,and its successors and assigns. Borrowea The word"Borrower"means JERRY ALAN DEFREHN and includes all co-signers and co-makers signing the Credit Agreement and all theit successors and assigns. Credit Agreement. The words"Credit Agreement" mean the credit agreement dated September 5, 2012,with CC2dit liRlit Of $12,0�0.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,refinancings of,consolidations of,and substiiutions for the promissory note or agreement. The maturity date of this Deed of Trust is September 5, 2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Deed of Trust. The words "Deed of Trust" mean this �eed of Trust among Trus[or, 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 local statut0s, regulations and ordinances relating 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 US.C.Section 9601,et seq. ("CERCLA"1,tFie Superfund Amendments and Reauthorization Act of 1986,Pub. L. No.99-499("SARA"1,the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,che Resource Conservation and Recovery Act,42 U.S..C.Section 6901,et seq.,or other applicable state or federal laws,rules, or regulations adopYed 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 defauk section of this Deed of Trust. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,chemical or infectious charecteristics, may cause or pose a present or potential hazard to human health or the environment when improperfy used,treated,stored,disposed of,generaYed,manufactured, transported or otherwise handled. The words"Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos.