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201403958
<br /> DEED OF TRUST
<br /> Laan No: 872059677 (Co�ltirlUed] Page 6
<br /> public, (�} join in granting any easement or creating any restriction on the Real Property; and Ic) join in any
<br /> subordination or other agreement affecting this Qeed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualificatio�s required for Trustee under app[icable ]aw. ln addition to the rights
<br /> and rerr�edies set forth abo�e, with respect to all or any part af the €'roperty, the Trustee shali have the right to
<br /> foreclose by notice and sale, and Lender wil[ have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full extent pro�ided 6y applicab[e law.
<br /> Sr�ccessor Trustee. Lender, at Lender's option, may from time to time appoint a successor 7rustee eo any Trustee
<br /> appointecl �nder this Deed of Trust 6y an ins�rument executed and acfcnowledged by Lender and recorded in the
<br /> office of the recorder af HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the boak and page (or
<br /> computer system reference} where this Deed of Trust is recorded, and the narne and address af the successor
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed ofi Trust or
<br /> their successors in interest. Ths successor trustee, without conveyance of the Property, shal[ succeed to al[ the
<br /> title, power, and duties conferretl upon the�rustee in this Deed af Trust and by applicable law. This procedure for
<br /> substitution of Trustse shall govern to the exclusion of all other provisions for substitution.
<br /> NOT[CES. Any notice required to be given under this Deed of Trust, including without limitation any notice of defau{t
<br /> aRd any norice of sale shall be given in writing, and sha11 be effective when actual[y delivered, when actually recei�ed
<br /> by telefacsimi6e Iunless otherwise required by law}, when deposited with a nationelly recognized overnight courier, or, if
<br /> mailec3, when deposited in the United States mail, as first class, certified or registered mai[ postage prepaid, directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the ho€der of
<br /> any lien which has priority over this Deed of Trust shall be sent to �ender's address, as shown neas the 6eginning of
<br /> this Deed of Trust. Any person may change his or her address for noti�es under xhis Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying thai the purpose of the notice is to change the person's
<br /> address_ Fnr notice purposes,Trustor agrees to [ceep Lender informed at all Yimes 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 7rustors. It will be Trustor's responsi6i[ity to tell the others of the notice from �ender.
<br /> MISCELLANEOlf5 PROVI510N5. Tha following miscellaneous provisions are a part of this �eed of Trust:
<br /> Amendments. What is written in ihis Deed of Zrust and in the Related Documents is Trustor's entire agreement
<br /> with Lender conceming the matters covered by this Deed of Trust. 7o be effective, any change or amendment to
<br /> this Deed of Trust must 6e in writing and must 6e signed by whoever will be bound or obligated by the change or
<br /> amendmersi.
<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 pravisions of this Deed of Trust.
<br /> Merger. There sha[I be no merger of the interest or esta#e 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 w911 be governed by federal law applicab[e to Lender and, to the extent not
<br /> preempted by fiederal law,the [aws of the State of Nahraska without regard to its confilicts of law pravisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebras[ca.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to t�e jurisdiction of ti�e
<br /> courts of Hap Co�nty, State of Nebraska.
<br /> Joint and 5e�eral Liability. AI� ob[igations o�F Sorrower and Trustor under this �eed of Tr�st shall be joint and
<br /> several, and all references to Trustor shall mean each and every Trustor, and all references to Borrower shal[ mean
<br /> each a�d e�ery Borrower. 7his means that each Trustor signing below is responsible for all obligations in thss Deed
<br /> of Trust.
<br /> No Waiver by Lender. Trustor understands Lender wil[ 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 amits to exercise any right wil[ not mean that
<br /> Lender has given up that right. ]f Lender does agree in writing to give up one af Lender's rights, that does not
<br /> mean Trustar will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> thaF if Lender does consent to a request, that does not rr}ean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender conssnts to ane or more
<br /> of Trustor's requests, that does not mean Lender will be required to consenE to any af Trustor's future requests.
<br /> Trustor waives presentment, demand for payrr�ent, protest, and notice of dishpnor.
<br /> Se�erabiVity. If a Court finds that any provision of this Deed of 3rust is not valid ar should noY be enforced, that
<br /> €act by itself wil[ not mean that the rest of this Deed of Trust wil[ not be valid or en'Forced. 7herefore, 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. Subjeci to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of TrusT sha11 be binding upon and inure to the benefit of the parties, their successors and ass"sgns. If
<br /> ownershup of ths Property becomes vested in a person other than Trustor, Lender, without notice to Trustar, may
<br /> dea[ with Trustor's successors with reterence to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without re[easing Truszor from the ohfigations of this Deed o�Trust or fiability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this �eed of Trust.
<br /> Waive Jury. AI[ parties ta this Deed of Trust hereby waive the right to any jury trial in any actian, proceeding, or
<br /> courrterelaim brought by any party against any ofiher party.
<br /> Waiver of Homestead Exemption. 1'rustor hereby releases and waives a11 rights and l�enefits of the homestead
<br /> exerrtpYion]aws of the State of Nebraska as to aR Indebtedness seceared by this Deed of 7rust.
<br /> DEFINITIONS. The following words sha[I have the foUowing meanings when used in ihis Deed of Trust;
<br /> $eneficia�ry. 3'he word "Seneficiary" means Equitable Ssnk, and its successors and assigns.
<br /> Borrower. The word "Borrower" means W]LLIAM G HOHLEN and KELLY 1 HOHLE�f and includes alI co-signers and
<br /> eo-make�s signing Fhe Credit Agreement and a[I their successors and assigns.
<br /> CreHit Agreement. The words "Cred9t Agreement" mean the credit agreement dated Juae 24, 2014, With Credit
<br /> Eimit of $85,OOQ.00 from Borrower to Lender, together with all renewals of, extensions of, modifications o#,
<br /> refinancings of, consolidations of, and substitutians for the promissory note or agreemen#. The maturity datie of
<br /> this Deed of'Crust is .lune 24, 2019. NOTICE TO TRUSTOR: THE CREDIT ACREEM�NT CONTAINS A VAftIABLE
<br /> [[1[TEREST RA'TE.
<br /> Deed of Trust. The words "Deed of 7rust" mean this Deed of Trus# among Trustor, Lender, and Trustee, and
<br /> includes without limitation ali assignment and security interest grovisions relating to the Persona[ Property and
<br /> Rents.
<br /> Environmental Laws. The words "En�ironmental Laws" mean any and all state, federal and local statutes,
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