|
201210351
<br /> DEED OF TRUST
<br /> Loan No: 872056509 (Continued) Page 6
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is T�ustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Trust To be efifective, 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 tnis Deed of Trust.
<br /> Merger_ There shall be no merger of the interest or estate created by this Deed of Trust with any o[her interest or
<br /> estate�in the Property at any time he�ld by or for the.be�nefit of Lender in any capacity, wiihout the wriYten consent
<br /> of Lender. �
<br /> Goveming 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 of Nebreska.
<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 Hall 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 for all obligations i.n this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender wilf not give up any of Lender's rights under this Deed ofi Trust
<br /> unless Lender does so in writing. The fact tnat Lender delays or omits to exercise any right will not mean that
<br /> Lender nas given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
<br /> mean TrusYor will not have to comply with tne 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 tne situatiort happens again. Trustor furtner understands that just because Lender consents to o�ne or more
<br /> of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's fiuture requests.
<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 not valid or should not be enforced, that
<br /> fiact 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 if a provision of this Deed of Trusi may be found to be
<br /> invalid or unenfiorceable.
<br /> Successors and Assigns, Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be bindi�ng upon and inure to the benefit ofi the parties, their successors and. assigns. If
<br /> ownersnip of the Property becomes vested in a person oiher than Trustor, Lender, without notice 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 /> extension without releasing T�ustor from the obligations of this Deed ofi Trust or I�iability under the Indebtedness.
<br /> Time is of the Essence. Time.is of tne essence in the performance of this Deed of Trust..
<br /> Waive Jury. All parties to ttiis Deed of Trust hereby waeve the right to any jury Yrial in any action. proceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives aIl rights and benefits of the homestead
<br /> exemption laws ofi the State of Nebraska as to all Indebtedness secured by this Deed ofi Trust.
<br /> �EFINITIONS. Tne fiollowing words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. Tne word "Benefiiciary" means Equitable Bank, and its successors and assigns.
<br /> Borrower_ The word "Borrower" means THOMAS J DOLTON and KRISTIE A DOLTON and includes all co-signers
<br /> and co-makers signing the Credit Agreemeni and alI their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated November 27, 20'12, Wi'[h
<br /> credit limit Of $75�000_00 firom Trustor to Lender,togetner with aIl renewals of, eMensions of, modifications
<br /> of, refinancings ofi, consolidations of, and substitutions fior the promissory note or agreement. The maturity date of
<br /> this Deed ofi-Trust is December 3, 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 al.l assignment and security interesY provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state,. federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> Iimitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.G Section 960'I, 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 Act, 42 U..S.C. Section 6901, 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" mean any of the events ofi default set forth in this Deed of Trust in
<br /> the events ofi de'Fauk 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 characteristics, may cause or pose a present or potential hazard
<br /> to human healih or the environment 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 wiihout 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 Iimitation, petroleum and
<br /> petroleum by-products or any firaction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, 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 principal, interest,. and other amounts, costs and expenses
<br /> payable under the Credit Agreement or Related Documents, together with all renewals ofi, extensions of,
<br /> modifiicaiions 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 enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
<br /> provided in ihis Deed of Trust.
<br /> Lender. The word "Lender" means Equita6le Bank, its successors and assigns. The words "successors or
<br /> assigns" mean any person or company that acquires any interest in the Credit Agreement.
<br /> Personal Property. The words "Personal Property" mean aIl equipment, fixtures, and other articles of personal
<br />
|