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201211098
<br /> DEED OF TRUST
<br /> Loan No: 872058923 (C011tinued) Page 6
<br /> trustee, and the insttument shall be executed and acknowledged by all the bene#iciaries under this Deed of Ttust or
<br /> their successors in interest. The successor trustee, witihout conveyance of the Property, shall succeed to all the
<br /> iiile, power, and tluties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for substitution_
<br /> NOTICES_ Any notice required to be given under this Deed of Trust, including without limitation any notfce of default
<br /> and any notice of sale shall be given in writing, and shall be effecYive when actually delivered, when actually received
<br /> by telefacsimi:le (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, ifi
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaSd, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure firom tne holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or he:r address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifiying that the purpose of the notice� is to change the person's
<br /> address. For notice pu�poses,Trustot agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otnerwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Ttustor is
<br /> deemed to be notice given to all Trustors. k will be Trustor's responsibility Yo tell the others of the notice from Lender.
<br /> MISGELLANEOU�S PROVISIONS. The fiollowing misce��llaneous pFovisions 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 interest or estate created by this Deed of Trust with any other interest or
<br /> esiate in the Property at any time held by or for 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 federal law,the laws o'f the State of Nebreska 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 /> 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 fiact 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, thai 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 ihe situation happens again. Trustor further understands that jusC because Lender consents to one or mo�re
<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,dema:nd for payment, p�otest, 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 if a provision of this Deed of TYust may be found to be
<br /> inval�id or unenforceable.
<br /> Successors and Assigns. Su6ject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure m the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, wiihout 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 Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed ofi 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 Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebras�ka as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The follow�ing words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary_ The word"Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means KIRBY K SMITH and includes all co-signers and co-makers signing the
<br /> Credit Agreement and all their successor5 and assigns.
<br /> Credit AgreemenY. The words "Credit Agreement" mean the credit agreement dated December 19, 2072, Wlth
<br /> credit limit Of $230,000.00 from Trustor to Lender, together witn all renewals of, extensions of,
<br /> modifications of, refinancings of, consolidaiions of, and subsiitutions for the promissory note or agreement. The
<br /> maturity date of this Deed of Trust is December 7 S, 20'1 7. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT
<br /> CONTAINS A VARIABLE INTEREST RATE.
<br /> Deed of Trust_ The words "Deed of Trusf' mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Ftents.
<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 /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of '1980, as amended, 42
<br /> U.S.C. Seciion 9601, et seq. ("CERCLA"), tne Superfund Amendments and ReauthorizaYion Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act, 49 U.S.C. Section 'I SO'I, 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 adoptetl pursuant thereto.
<br /> Event of Defiault. The words "Event of Default"mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Exesting Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "}iazardous 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 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 lim'itation any and all hazardous or toxic substances, materials or waste as defined by or listed
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