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201208126
<br /> DEED OF TRUST
<br /> Loan No: 872058755 (ColltillUed) Page 6
<br /> trustee, and tfie instrument shall be executed and acknowledged by ail the beneficiaries under thi5 Deed of Trust or
<br /> tneir 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 govem to the exctusion of aii other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, induding without limitation any notice o'f default
<br /> and any notice of sale shall be given in writing, and shall be effecYive when actually delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized ovemight cou�ier, or, if
<br /> . mailed, when deposited in the United States mail, as first class, certifiied or registe�ed mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of T�ust. All copies of notices of fo�eclosure from the holder of
<br /> any lien whicn 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 /> written notice to the other person or persons, specifying tnat the purpose of the notice is to change the person's
<br /> address.��For notice purposes,�Trustor agrees to keep Lender infio�rmed at all times of Trustor s current address. Unless
<br /> otherwise provided or required by law, ifi there is more than� one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given io all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> M:ISCELLANEOUS PROVISIONS_ The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Relaied 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 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 convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shaCl be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit ofi Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law_ This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> CMoece 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 of Nebraska.
<br /> Joint and Several Liability. AII obligations of Trustor under this Deed of Trust shall be joint and several, antl all
<br /> refierences to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligatibns in this Deed of Trust. .
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under tnis 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, tnat does not
<br /> mean Trustor will not have to comply with the other p�ovisions ofi this Deed of Trust. Trustor als�o understands
<br /> that if Lender does consent to a request; that does not mean that Trustor wili not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that jusi because Lender consents to one or more
<br /> of Trustor's requests, tnat does not mean Lender will be required.to consent to any of Trustor's future requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice ofi d:ishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or shovld not�be enforced, that
<br /> fiact by itself will not mean tYiat the rest ofi this Deed of Trust wfil not be valid or enfiorced. Therefore, a court will
<br /> enfoYce the resE of the provisions of this Deed of Trust even if a provision ofi this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subj�ect to any limitations stated in this Deed of Trust on transfier 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 of forbearance or
<br /> extension without releasing Trustor from the obligations of tnis Deed of Trust or liability under the Indebtedness.
<br /> Time is of tne 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 the rigf�t to any jury trial in any action, proceeding, or
<br /> counterclaim brougF�t by any party egainst any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rig:hts and benefits ofi the homestead
<br /> exemption Iaws of the State ofi 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 word "Beneficiary" means Equitable Bank, and its successors and assig�ns.
<br /> Borrower. The word "Borrower" means WILLIAM G HOHLEN and KELLY HOHLEN and includes aIl co-signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Ceedit Agreement. The words "Credit Agreement" mean the credit agreement dated September 24,. 20'12, with
<br /> CY2CE1'C 111771t Of $2�,000.00 from Trustor to Lender,together with all renewals of, exYensions ofi, modifications
<br /> of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is Septem6er 24, 2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A
<br /> VARIABLE 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 assign�rnent and security interest provis.ions relating to the Personal Property and
<br /> Rents.
<br /> EnvironmenYal Laws. Tne words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environm��eM, including without
<br /> Fimitation the Comprehensive Environmental Response, Compensation, and Liability AcY of '1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 9986, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section '1801, et seq.,ihe 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 ofi this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Jndebtedness^ mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Subs'tances" mean materials that, because of their quantity,
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