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201208578
<br /> DEED OF TRUST
<br /> Loan No: 872058819 (COntinued) Page 6
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed ofi Trust:
<br /> Amendments. What is wriiten in this Deed of Trust and in the Related 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 headirigs in tnis 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 shall be no merger of tne interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any ti�me held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Goveming Law_ This Deed of Trust will be govemed by federal law applicable to Lender and, to the extent not
<br /> preempYed 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 /> Choice of Venue. If there is a lawsuit, TrusYor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State ofi Nebraska.
<br /> Joint and Several Lia6ility. All obfigations of Trusior under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obl.igations in this Deed o'F Trust.
<br /> No Waiver by Lender_ Trustor understands Lender will not give up any of Lender s rights under ihis Deed of Trust
<br /> unless Lender does so in wriiing. The fact that Lender detays or omits to exercise any righi 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, that does not
<br /> mean Trustor wiil not nave to comply with the other provisions of tnis Deed of Trust. Trustor also understands
<br /> that if Lender does conseni to a request, that does not mean that Ttustor will not have to gei Lender's consent
<br /> again if tne situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's fiuture req.uests.
<br /> Trustor waives presentment,demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision ofi this Deed of Trust is not valid ot should not be enforced, that
<br /> fact by itself will not mean that the rest ofi this Deed of Trust will not be valid or enforced. Therefore, a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be fiound to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer ofi 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 wiih TrustoPs successors with reference to this Deed of Trust and ihe Indebtedness by way of fiorbearance or
<br /> extension without releasing�rustor from the obl.igations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the 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 right to any jury trial in any action. proceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of H�omestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the Statie of Nebraska as to all Indebtedness secured by this Deed ofi 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 assigns.
<br /> Borrower_ The word "Borrower" means DOUGLAS R STANGE and NANCY A STANGE and includes all co-signers
<br /> and co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement.. The words "Credit Agreement" mean the credit agreemenY dated October 9, 2012, Wlth
<br /> credit limit Of $60,000_00 from Trustor to Lender,together witn all renewals of, extensions of, modifiications
<br /> of, refinancings of, consolitlatio�ns of,and substitutions for the promissory note or agreement. The maturity tlate of
<br /> this Deed of Trust is October 9, 2097. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE
<br /> INTEREST RATE. �
<br /> Deed of Trust. Tne words "Deed of Trust" rnean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> indudes without limitation all. assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Envirortmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human heakh or the environment, induding without
<br /> limitation Yhe Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U..S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reau'thorizaYion Act of 1986, Pu6. L.
<br /> No_99-499 ("SARA"),the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801,et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U,S.G. Se.ction 690'I, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto. �
<br /> Event of Default. The words "Event of Defiault" mean any of the events o#default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characieristics, may cause or pose a present or potential hazard
<br /> to human health or the environ�ment when improperly used,treated, stored, d�isposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. The term �"Hazardous Substances" also includes,without limitation, petroieum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and fiuture improvements, build�ings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Credit Agreement or Related Documents, together wiYh all renewals of, extensions of,
<br /> modifications of; consolidations of and substitutions for the Credit Agreement or Related Documents and any
<br /> amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
<br /> Lender to enfo�ce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
<br /> provided in this Deed ofi Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or
<br /> assigns" mean any person or company that acquires any interest in the Credit Agreement.
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