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201402379
<br /> DEED OF TRUST
<br /> Loan No: 872059589 (Colltinued) Page 6
<br /> trustee,and the instrument shall be executed and acknowledged by ali the beneficiaries under this Deed ofi Trust or
<br /> their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern 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 notice of default
<br /> and any notice of saie shall be given in writing, and shall be effective when actually delivered, when actualiy received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed; when deposited in the United $tates mail, as first c[ass, certified or registered mail postage prepaid, directed to
<br /> the addresses shown near the 6eginning of this Deed of Trust. Afl copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shaii be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. 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 that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It wili be Trus#or's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscelianeous 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 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 obiigated 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. The�e shall be no merger of the interest or estate created by this Deed of Trust with any other 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 /> 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 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 Nebraska.
<br /> Choice of Venue. Ifi tfiere is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Fiall County, State of Nebraska.
<br /> .Boint ancB Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean eacf� and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obfigations 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 wrirting. 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 i:n 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 unde�stands that just because Lentler 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 iuture 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 o#Trust is not valid or should not be enfiorced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or en#orced. Therefore, a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may 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 Trustor`s 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 becomes 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 Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or(iability under the Indebtedness.
<br /> "�ime is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> 1/Uaive Jury. All parties to this Deed of Trust hereby waive the right to any jLry trial in any action, proceeding, or
<br /> counterclairra brought by any party against any other parfij.
<br /> UVaiver of Floenestead Exemption. Trustor hereby refeases and wa�ves all rights and benefiis of the homestead
<br /> exemption laws of the State of Nebrasica as to all Indebiedness secured by this �eed of Trust.
<br /> DEFPNITIONS. The foflowing words shall have�he 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" rneans Albert Ziola and Bemice Ziola and includes all co-signers and co-makers
<br /> signing the Credit Agreement and aff their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean xhe credit agreement dated April 18, 2014, With CYedlt
<br /> Ilmlt of $15,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br /> refinancings of, consolidations of, and substitutions for the promissory note o� agreement. The maturity date of
<br /> this Deed of Trust is April 18, 2017.
<br /> Deed of Trust. The words °'Deed of Trust" mean this Deed of Tr�st among Trustor, Lender, and Trustee,, and
<br /> inciudes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmenta! Laws" mean any and all state, fecferal and local statutes,
<br /> reguiations and ordinances relating to the protection of human health or the environment, inciuding without
<br /> timitation 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 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. Seetion 6901, et seq„ or other applicable state or fede�al laws, rules,
<br /> or�egulations adopted pursuant thereto.
<br /> Event of Default. 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 /> Existing Iredeb#edness. The words °'Existing lndebtedness°° mean the indebtedness described in the Existing Liens
<br /> provisior�ofi this Deed of Trust.
<br /> Hazardous Substances. The �nrords "Hazardous Substances" mears rnaterials that, because ofi their quantity,
<br /> concentration or physical, chemical or infectious eharacteristics, may cause or pose a present or poteniial hazard
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