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201207758 DEED OF TF�t1ST Loara I�io: $1007065 (COl�tinued) page 7 Deed of Trust has been accepYed 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 Ne6raska. JoinY and Several Liability. All obli.gations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor, and all 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. Lender shali not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part ofi Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or consiitute a waiver of Lender's rignt otnerwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any ofi Lender's rights or of any ofi Trustor's obtigations as to any future transactions. Whenever tne consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to su6sequent instances where su.en consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid,. or unenforceable as to any person or circumsYance, that finding shall not make tne offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enfiorceable. If the offending provision cannot be so modified, it shail be considered deleted firom this Deed of Trust. Unless otherwise required by law, the ili�egality, invalidity, or unenfiorceatrility of any provisi.on of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. SubjecY to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upan 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 extensi.on without releasing Trustor from the obligations of this Qeed ofi 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 t¢..this Deed of Trust hereby waive the right to any jury trial in any action, proceedeng, or counterdaim brought by any.par�,y,agai�nsY,any other,�party_. � ._...... . .._ . Waiver ofi Homestead E�cemption_ -Trustor�,-;fiereb,y releases and waives all rignts and benefits of the homestead exemption laws of the St=ro of�IVebr�a_�ska as�tg.all Inde6tedness secured by tnis Deed ofi Trust_ DEFINITIONS. The foilowing capitalized words and��terms�aYf"7iave the following meanings when used in Lhis Deed�of Trust. U�nless specifically stated to the contrary, all references �o dollar amounts snall mean amounts in lawfiuf money of the United States of America. Words and terms used in tF�e singular slnall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns. ' Borrower. The word "Borrower" means MARK ZECHMANN and indudes all co-signers and co�-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and incl.udes without limitation al! assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed ofi Trust in the section titled "Default". Environmental Laws_ The words "Environmental Laws" mean any and aIl state, federal and locai statutes,. regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Aci of 7 980, as amended, 42 U.S.C. Section 9601, et seq. ("�CERCLA"), the Superfund Amendments 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 6907, et seq., or other app�licable 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 ihis Qeed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender,including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substartces" mean materials tFiat, 6ecause of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or pofential F�azard to hu:man health or the environ.ment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very t�roadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defiined 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. Improvements. The word "Improvements" means all existing and future improvements, buiJ:dings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction. on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounfs, costs and expenses payable under the Noie or Related Documents, together with alI renewals of, exYensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge 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 ihis Deed o# Trust_ Specifically, without limitation, Indebtedness includes the #uture advances set forth in the Future Advances provision, iogether with all interest thereon and all amounts thaY may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Equitable Bank, its successors and assigns. Note. The word "Note" means the promissory note dated September 17, 2012, I�fl th6 original pl'1t1CIQ3aI amour�t of $50,000_00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,and substitutions for the promissory note or agreement. . Personal Property. The words "Personal Property" mean all eq�ipment, fiixtures, and. other articles of personal property now or herea'fter owned by TrusYor, and now or hereafiter attached or afifixed to t'�e Real Property;