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201400517
<br /> ��ED QF TRUST
<br /> Loan No» 8:�2059459 (Continued) Page 6
<br /> trustee, and the instrument sha[I be executed and ac[cnowledged by all the beneficiaries under this Deed of Trusi or
<br /> their successors in interest. �he successor trustee, without conveyance o� the Property, shail succeed to all the
<br /> title, pawer, and dut'ses conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee sha[I govern to the exclusion of alf other pro�isions fior substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without ]imitation any notice of defau]t
<br /> and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actuaily received
<br /> by tele�acsimile {unless otherwise required by]aw}, when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when depositsd in the United States mail, as first class, certified vr regisiered mail pvstage prepaid, directed to
<br /> the addresses shown near the beginning ofi this Deed of Trust. Alf copies of notices of forec[osure from the holder of
<br /> any lien which has priority over this Qeed of Trust shall be sent to Lendes's address, as shown near the beginning of
<br /> this Deed af Trusx. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying #hat t[�e purpose of the no#ice is to change the person"s
<br /> address. For notice purposes, Trustor agrees to keep Lender informed at al€times of Trustor's current address. [Snless
<br /> otherwise provided or reguired 6y law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deesned to be notice given to a[I Trustors. It will be Trustor's responsibility to tell the otE�ers of the notice from Lender.
<br /> MISCELLA�fEOUS PROVISIONS. The following miscellaneous provisions are a parC of this Deed of TrusY:
<br /> Amendme�ts. What is writEen in this Deed of Trust and in the Related Documents is Trustvr's entire agreement
<br /> with Lenc]er concerning the matters covered by this Qeed of Trusi. To be effeciive, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will he 6ound or obligated 6y the change or
<br /> amendment. .
<br /> Caption Headings. Capiion headings in this Deed of Trust are for cpnvenience purposes only and are not to he
<br /> used to ir�terpret or c[efine the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the iRterest or estate created by this �eed of Trust with any other interest or
<br /> estate in the Property at any tirr�e held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governirtg Law. This Deed of 7rust will 6e go�erned by federal law applicebie ta Lender and, to #he extent not
<br /> pree�npte�l by federal law,the laws of the State of Nebraska withvut regard to its conflicts of law provisions. This
<br /> deed of Trust has been accepted by lender in tf�e State of Nebraska.
<br /> Choice of Vene,e. If there is a iawsuit, Trustor agrees upon Lender's requesi to submit to the jurisdiction of the
<br /> courts af Hall Caunty, State of Nebraska.
<br /> Joint and Se�eral Eiability. AI] obligations of Trustor under this ❑eed of Trust sha[I 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 /> responsib[e for alE obiigations in this Deed of Trust.
<br /> No Waiver by l.ender. Trustor understands Lender wiq nat give up any of L.ender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any righY will not mean that
<br /> Lender has given uP that right. If Lender does agree in writing to gi�e up one of Lender's rights, tS�at daes noi
<br /> mean Trustor will not have to comply with the other provisions of this Qeed of Trust. Trustor also understands
<br /> that if Lender does consent to a requesi, that does not mean that Trustor w'sll not have to get Lender's consenE
<br /> again if the situation happens agaiR. Trusior further understands that just because Lender consents to one or more
<br /> ot Trustor's requests, that does not mean Lender wifl be required to conseni to any af Tr�stor's �uture requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice af d'sshonor.
<br /> Se�erability. lf a court finds that any provision of this �eed of Trust is not vafid or shoufd nat be enforced, that
<br /> fact hy itself will nat mean that the rest of this Deed of Trust wil[ not 6e valid or enfprced. Thesefore, a court wil[
<br /> enforce the rest af the pro�isions of this Deed of Trust e�en if a pro�ision of this Deed of Trust may 6e faund to be
<br /> invalid or unenforceable.
<br /> Successars anci Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this deed of Trust shall he binding upon and inure to #he benefit of the parties, thsir successors and assigns. lf
<br /> owrsershi�s of the Properry becomes vested in a person other than Trustor, Lender, withaut notice to Trustor, may
<br /> deal with l-rustor's successors with refierence to this Deed of Trus�and#he ]ndebtedness by way of forbearance or
<br /> extensiori wiihout releasing Trustor from the obligations of this Deed of Trust or liabiiity under the lndebtedness.
<br /> 7ime is of the Essence. Time is of the essenee in the performance of t[�is Deed of 7rust.
<br /> Wai�e Jury. All parties to this Deed of Trust hereby waive the rigf�t to any jury trial in any action, proceeding, or
<br /> caanterclaim hrought by any Party against any otE�er party.
<br /> Waivrer of Homestead F�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to ali Indebtedness secured by this Deed of Trust.
<br /> dEFINITIDNS. The foflawing words shatl have the fol9owing meanings when used in this Deed of Trust:
<br /> Beneficiaey. The word "Beneficiary" means Equitable Bank, and its succassors and assigns.
<br /> Borrower. �he word "Borrower" means JASdN J FIEDLER and SARA J F1E�LER and includes a[I 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 8greement d3ted Janu2ry 24, 2014, wl�h
<br /> Cr�dit limit Of $2�,QQQ.Q�from Trustor to Lender,together with all renewals af, extens'sons of, modifications
<br /> of, refinancings of, conso[idations of, and substitutions for ti�e promissory note or agreement. The maturity date of
<br /> this Deed of Tr�st is January 24, 2039. N4TlCE TO TRUSTOR: TNE CREDIT AGREEMENT CONTAINS A
<br /> VAR[ABLE INTEREST RATE.
<br /> Deed of Trust. The words "�eed of Trust" mean this Deed of Trust amang �rustor, Lender, and Trustee, and
<br /> includes without lirnitation aA assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Lauus. The words "Environmental Laws" mean any and al1 state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of hurrsan health or the an�ironment, including wiihaut
<br /> [imitation the Gamprehensive Environmental Response, Compensation, and Liability Act of 1 980, as amended, 4-2
<br /> U.S.C. Section 96�1, et seq. {^CERCLA"), the Superfund Amendments and Reautharization Act of 1986, Pub. L.
<br /> No. 99-499 ["SARA"},the Hazardaus Materials Transportation Act, 49 U.S.C. Section 7$01, et seq.,the Respurce
<br /> Conservation and Reeo�ery Act, 42 U.S.C. Ssction 8901, et seq., ar other epplicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any ofi the events of default set forth in this Deed of Trust in
<br /> the eve�ts of default section of this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing ]ndebtedness" rnean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardaus Substances. The worcis "Hazardous Substances" mean materials that, 6ecause of their quantity,
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