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201210322
<br /> DEED OF TRUST
<br /> Loan No: 872056453 (Continued) Page 6
<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 o'f 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 m be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shafl be no merger ofi the interest or estate created by this Deed of Trusi with any other intetest or
<br /> estate in the Property at any time 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 federal law applicable to Lender and, to the extent not
<br /> preempted by fiederal law,the laws of the State of Nebraska without regard to its conflicts of law provisions This
<br /> Deed o4 Trust Mas 6een accepted by Lentler in the State of Ne6raska.
<br /> Choice of Venue. If there is a lawsuit, Trustor ag�rees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed bf T�ust shall be joint and several, and all
<br /> references to Trustor shaJl mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for 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 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 will not have to comply with the other provisions of this Deed of Trust Trusto� also understands
<br /> that if Lender does consent to a request, tFiat does not mean that Trustot 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, protest,and notice of dishonor.
<br /> S�everability. If a court fiinds that any provision of this Deed ofi Trust is not valid or should not 6e enforced, that
<br /> fact by itself will not mean tnat 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 Trus2 even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> Saccessors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust snall 6e b�iriding upon and inure to the benefit of the parties, tkeir successors and assigns. If
<br /> ownetship of the Property becomes vested in a person other than Trustor, Lender, without noti��ce to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> eMension without releasing Trustor from the o.bligations ofi this Deed of Trust or li.ability under the Indebtedness.
<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 trial in any action, proceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Hornestead Exemptiun. Trustar he�eby releases and. waives all rights and benefits ofi the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by tnis Deed of Trust.
<br /> DEFINITIONS. The fol�lowing words shall have the fiollowing meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns. �
<br /> Borrower. The wortl "Borrower" rneans RICHARD L SOK and JOANN A SOK and indudes all co-signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement^ mean the credit agreement dated November 28, 2012, With
<br /> credit limit of $75,000.00 from Trustor to Lender,together with all renewals of,extensions of, modifications
<br /> of, refinancings of, conso�lidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed ofi Trust is November 28, 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 /> indudes without limitation all assignment and security interest provisions refating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words ^Environmental Laws" mean any and all state, federa'I and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the 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 Reauihorization Act of "1986, Pub. L.
<br /> No. 99-499 (^SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section "1807, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 690"I, et seq., ot other applicable state or federal laws, rules,
<br /> or regulati�ons adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any ofi the events of default set forth i�.n this Deed of Trust in
<br /> the events of default section ofi this Deed ofi Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to hurnan health or the envitonment when improperly used, treated, stored, disposed of, genereted, 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 fisted
<br /> u�nder the Environmental Laws. The term "Hazardous Substances" also indudes, without fimitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future i:mprovements, buildings, 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 ptincipal, interest, and other amounts, costs and expenses
<br /> payable under the Credit Agreement or Related Documents, together with all renewals of, e�ctensions of,
<br /> modifications of, consolidations of and substitutions for tne Credit Agreement or Related Documenis and any
<br /> amounts expended or advanced by Lender to discharge Trusto�'s obligations or expenses incurred by Trustee or
<br /> Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
<br /> provided in this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or
<br /> assigns" mean any person or company thai acquires any interest in the Credit Agreement.
<br /> Personal Property. The words "Person-al Property" mean alI equipment, fixtures, and other articles of personal
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