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201208945 DEED OF TRUST Loan No: 872058789 (Co11t11�ued) Page 6 computer system reference) where this Deed of Trust is recorded, and the name and address ofi tne successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The successor trustee, wiYhout conveyance ofi the Property, shall succeed to alI the title, power, and duties conferred upon the Trustee in Yhis Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of alI otner provisions fior substitution. NOTICES. Any notice �equired to be given under this Deed of Trust, including withoui limitation any notice ofi default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, ifi mailed, when deposited in the United States mail, as first class, certifiied or registered mail postage prepaid, directed to the addresses shown near the beginning ofi this Deed of Trust. All copies ofi notices of foreclosure from the holder of any lien wnicn has prioriiy over this Deed of Trust shall be sent to Lender's address, as shown near the beginning ofi this Deed of Trust. Any petson may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that tne purpose of the notice is to change the person's address. For notice purposes,Trustor agrees to keep Lender informed at aII times of Trustor's current address. Unless otnerwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be TrustoPs responsibility to tell the others ofi the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. Wnat is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning tne 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 whoeve�r will be bound or obtigated by the change or amendment. 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 provisions ofi ihis 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. Goveming Law. This Deed of TrusY will be govemed by federal Iaw applicable to Lender and, to the eMent not preempted.by federel law,the laws 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 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 Nebraska. Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and ail references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so irt writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does ag.ree in writing to give up one of LendePs rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands that if Lender does consent to a request, tnat does not mean that Trustor will not have to get LendePs consent again if the situation happens again. Trustor furtner undersYands that just because Lender consents to one or more of Trustor's requests, that does not m��ean Lender will be required to consent to any of Trustor's future requests. Trusior waives presentment, demand for payment, protest, and notice of dishonoc. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed ofi Trust will not be valid or enforcetl. Therefore, a court wiil 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 invalid or unenforceable. S�uccessors and Assigns. Subject to any I:imitations stated in this Deed of Trust on transfer of Trusmr's interest, this Deed of Trust shall be binding upon 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, rnay deal with Trustor's successors with reference to this Deed of Trust and the Ind�ebYedness by way of forbearance or e�ctension without releasing Trustor from the obligations of this 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 Jury. All parties to this Deed of Trust hereby waeve the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other�party_ Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEF111SITIONS_ The following words shall have the following meanings when used in this Deed of Trust; Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns. Borrower. The word "Borrower" means TERRY L MNER and CAROL L MEIER and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns�. Credit Agreement. The words "Credit Agreernen£' mean the credit agreement dated October 20, 20'12, With credit Illlllt Of $7 25,00�.00 from Trustor to Lender, togetiher with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions fior the promissory note or agreement. Tne maturity date of this Deed of Trust is October 20, 2017. NOTICE TO TRUSTOR: THE CREDtT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assig�nment and security interest provisions relating to the Personal Property and Rents. EnvironmentaB Laws_ The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ord�inances relating to the protection of human health or the environment, includi�ng without limitation the Comprehensive Environmental Response, Compe�nsation, and Liability Act of '1980, as amended, 42 U.S.C. Section 960'I, 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 6901, et seq., or other applicable state or federal laws, rules, or regulaiions 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 this Deed of Trust. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision ofi this Deed of Trust.