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201208459 DEED �F TRUST Loan No: 87205872'1 (GOntlnued) Page 6 computer sysiem reference) where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acicnowledged by all the beneficiaries under this Deed of Trust or their successors in iMerest. The successor trustee, without conveyance of the Property, shall succeed to all the titie, power,. and tluties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. I�IOTICES. Any notice required to be given under this Deed ofi Trust, including without limitation any notice of default and any notice ai safe shaii be given in writing, and shall be effective wfien actually delivereci, when actually received by telefacsimile (unless otherwise required by law7, when cleposited with a nationaily recognized ovemight courier, or, if mailed, when deposited in the United StaYes mail, as first class, certifi�ed or registered mail postage ptepaid, directed to the addresses shown near the beginning ofi this Deed of Trust. AII copies of notices of foreclosure from the holder of any Iien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning ofi this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving. formai written notice to the other person or persons, specifying that Yhe 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 provided or required by law, if there is m�ore than one Trustor, any notice g�iven by Lender to any Trustor is deemed to be notice given to all Trustors. It wi.11 be Trustor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of tnis Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning 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 amendmeni. 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 provisibns of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust witn any other 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 will be governed by federal law applecable to Lender and. to the extent not preempYed by federal law,the taws 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 LVebraska. � � Choice of Venue. If there is a lawsuit, Trustor agtees upon Lender`s request to sub�mit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Several Liability. All obli.gations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. ThiS means that each Trustor signing below is responsible for all obli:gations in this Deed of Trust. Mo Waiver by Lender. Trustor understands Lender will not give up any of Lender's tignts 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 Lende�r has given up that right. If Lender doss agree in writing to give up one of Lender's rights, that does not me.an Trustor will not have to comply with the other provisio:ns of tnis Deed of Trust. TrusFor also understands 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 conseMs Yo one or more of Trustor's requests, that does not mean Lend�.er will be req:uired to consent to any of Trustor's future requests. Trustor waives presentmeM, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Deetl of Trust is not valid or should not 6e enfiorced, that fact by Stself will not mean tnat tne rest ofi this Deed ofi TtusY will not be val�id or enforced. Therefore, a court will enforce the resT of the provisions of this Qeed oi Trust even if a provision of this Deed of TrusY may be found to be :nvalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfier of Trustor's interest, this Deed of Trust shall be binding upon and inure tb the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor., Lender, witnout notice to Trustor, may deal with Trustor's successors with reference to Yhis Deed of Trust and the Indebtedness by way of forbearance or extension withou�t releasi.ng Trusto�'Prom the o6ligations of tnis Deed 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.9ury. All parties to this Deed of Trust hereby waive the righ4 to any jury trial in any action, proceec9ing, or counterdaim brought by any party against any�other party_ Waiver of Homestead Exemption. Trustor hereby reFeases and waives ail tights and benefits of the homestead exemption Eaws of Yhe State of Nebraska as to afl Indebtedness secured by this Deed of Trust. DEFFNITIONS. The following words shall have the fiollowing meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Equitable Banlc, and its successors and�assigns. Borrower. The word "Borrower" means GARY L PEDERSEN and BARBARA J PEDERSEN and incLudes all co-signers and co-malcers signing the Credit Agreement and all their successors and assigns. Credit Agreeenent.. The words "Credit Agreemeni" mean the credit agreement dated October 4, 2012, witF� CCedlt 111711t Of $50,000.00 from Trustor to Lender,together with all renewals of,extensions ofi, modifications of, refinancings o'f, consolidations of, and substitutions fo�r the promissory note or agreement. The maturity date of this Deed of Trust is October 4,2017. NOTICE TO TRUSTOR: THE CREDIT AGREEM:ENT CONTAWS A VARIABLE INTEREST RATE. Deed of 'Crust. The words "Deed of Trust" mean ihis Deed of Trust among Trustor, Lender, and Trustee, and incfudes without limitati�on al! assignment and security interest provisions relating to the Personal Property and Rents. Environmentai Laws. The words "Environmental Laws�" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of numan nealtn or the environment, including without limitation the Comprehensive Environmental Response, Com�pensation, and Liability Act of '1980, as a:mended, 42 U�..S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amend:ments and ReautMorization Act of 1986, Pub. L. No. 99-499 C"SARA"), the Hazardous Materials Transportation Act,49 U.S.C. Section "1809, et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or oYher applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Detault" mean any of the events of default set forth in this Deed of Teust in the events of�efa�ult section of this Deed of Trust. Existing IncYebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision ot this Deed of Trust.