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201209367
<br /> DEED OF TRUST
<br /> Loan No: 872058835 (C011tlnued) Page 6
<br /> NOTICES_ Any notice required to be given under this Deed of Trust, inciuding without limitation any notice of defiault
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when acivally received
<br /> by telefacsimile (unless otherwise required by law); when deposited with a nationaily recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certifiied ot registered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure firom the holder of
<br /> any lien whi.ch has p�iority over this Deed of Trust shall 6e sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change nis or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor ag�ees Yo keep Lender informed at alI times of Trustor's current address. Unless
<br /> otherwise pYovided or required by law, if there is more than one Trustor, any notice given by Lender to any Trusior is
<br /> deemed to be notice given to all Trusto�s. It will be Trustor's responsibility to tell the others of the notice firom 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 conceming 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 ofi 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 m�erger of the interest or estate c�eated by this Deed of Trust with any otner interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> ofi 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 ofi Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to ihe jurisd.i�ction of the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Several Liabiliiy. AII obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several, and all references to Trustor shall mean each and every Trustor, and alI references to Borrower shall mean
<br /> each and evety Borrower. Tnis means that each Trustor signing below is responsible for all o6ligations in this Deed
<br /> 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 o� omits to exercise any right will not mean that
<br /> Lender has given up Yhat rignt 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 other 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 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 future requests.
<br /> Trustor waives presentment,demand for payment, proiest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself will not mean that the rest of 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 i#a provision of fhis Deed of Trust m-ay be found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns_ Subject to any limitations stated in this Deed of Trust on transfer of Trustors 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 becames 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 Inde:btedness by way of forbearance or
<br /> e�ctension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebted�ness.
<br /> Time is of the Essence. Time is ofi 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 irial vn any action, proceedeng, or
<br /> counterclaim brought by any party against any other party�.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefiits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. Tne follawing words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Benefi:ciary" means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means ELINOR J WOQD anH includes all co-signers and co-makers signing the
<br /> Credit Agreement and all their successors and assigns.
<br /> Cred"et Agreement. The words "Credit Agreement'° mean the credit agreement dated October 31, 2012, wi$h
<br /> credit limit Of $1 0,00�.00 from Borrower to Lender, together with all renewals of, extensions of,
<br /> modifications of, refinancings ofi, consolidations of, and substitutions fior the promissory note or agreement. The
<br /> maturity date of this Deed ofi Trust is October 31, 2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT
<br /> CONTAINS A 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 relati.ng to the Personal Ptoperty and
<br /> Rents.
<br /> Environmentai Laws. The words "Environmental Laws" mean any and all staYe, federal and local statutes,
<br /> regulations and ordinances relating to the protection of numan health or the environment, induding without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of '1980, as amended, 42
<br /> � U.S.C. Section 960"I, eY seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of '1986, Pub. L.
<br /> No. 99-4-99 ("SARA"),the Hazardous Materials Transportaiion Act,49 U.S.C. Section 1801,et seq.,the Resource
<br /> ConservaYion and Recovery Act, 42 U.S.C. Section 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 Default mea�any of the events of default set forth in this Deed of Trust in
<br /> tne events of defiault section of this Deed ofi Trust.
<br /> Hazardous Substances_ The words °'Hazardous Substances" mean maYerials that, because of Yheir quantity,
<br /> concentration or phys�i.cal, chemical or infeciious characteristics, may cause or pose a present or potential hazard
<br /> to human health or the environment when improperly used, treated, stored,disposed 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, materia�ls or waste as defined by or listed
<br /> under the Environmental Laws. The term "Hazardous Substances" also includes, without Iimitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
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