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201208639
<br /> DEED OF TRUST
<br /> Loan No: 872058827 (Continued) Page 6
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaties under this Deed of Trust or
<br /> their 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 applicable law. This procedure fior
<br /> substitution ofi Trustee shall govern to the exclusion ofi all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any noti�ce of default
<br /> and any notice ofi sale shall be given in wriiing, and shall be effective when actually delivered, when a�ctually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mai.l, as fi�rst dass; certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from tne holder of
<br /> any lien which has priority over thes Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> ihis Deed of Trust. Any person may change his or her ad�dress for notices under this Deed of Trust by giving formal
<br /> written notice to tne other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address: For notice purposes,Trustor agrees to keep Lender informed at all times ofi Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS 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 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 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 shall be no merger of the interesi or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any tirne held by or fior the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federat 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�. Thes
<br /> Deed of Trust has been accepted by Lender in the State ofi Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of H�.all County, State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor 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 fior all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean tnat
<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 will not have to comply with the otner provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor fiurther 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 future re9uests.
<br /> Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is noY valid or should not be enfiorced, that
<br /> fact by itself will not mean that the resi of this Deed of T�ust will not be valid or enforced. Therefore, a co�urt will
<br /> 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
<br /> invalid or unenforceable.
<br /> Suecessors and Assigns. Subject to any limitations stated in this Deed ofi Trust on transfer of T�usto�'s interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the pariies, their successors antl assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal witM 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 this Deed of Trust or liability under the lndebtedness.
<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 acfion, proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rig.hts and benefiits of the homestead
<br /> exemption laws of the State of Nebraska as to alI Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The followi.ng words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Benefii��ciary" means Equitable Bank, and its successors and assi�gns.
<br /> Borrower_ The word "Borrower" means DOUGLAS R SANDERS and LISA A SANDERS 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 tne cred�it agreement daied October 11, 2012, WIYh
<br /> credit limit of S 10,000.00 from Trustor to Lender,together with all renewals of, extensions of, modificaiions
<br /> of, refinancings of,consolidations of, and substitutions fior the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is October 11, 20"17. 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 assignment and security interest provisions relating to the Pe�sonal Property and
<br /> Rents.
<br /> Environmental Laws. The words �"Environmental Laws" mean any and all state, fetleral and local statutes,
<br /> regulations and ordinances relating to the protection of human heakh or the environment, including without
<br /> limitation the Comprehensive Environmenial Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9607, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. 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 Aci, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
<br /> or reg�lations adopted pursuani thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set fiorth in this Deed of Trust in
<br /> the events of defiault section of this Deed of Trust.
<br /> F�isting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> iiazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
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