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201404008
<br /> DEED OF TRUST
<br /> Loan No: 87'2059669 (Contin�ed} Page 6
<br /> trustee, and the insYrumen#shall be executed and acknow[edged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee, withoui 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 faw. This procedure for
<br /> substitution of Trustee shall govem fo Ehe exclusion of all other pro�isions for substitution.
<br /> NOTICES. Any notice required Eo be given under this Deed of Trus#, including without fimitation any nafice of default
<br /> end any notice of sale shall be given in writing, and shall be effective when actually delivered, when actual[y received
<br /> by te[efacsimile [un]ess otherwise required by law), w[�en depasited with a nationally recognized overnight courier, or, i#
<br /> mailed, when cfeposited in the United States mail, as first c[ass, certified or registered mail postage prepaid, directed tv
<br /> the addresses shown near the beginning of this Deed of Trust. Al[ copies of notices of foreclosure from the holder of
<br /> any iien which has priority over this Deed of Trust shall be seni ta Lender's address, as shown near t1�e beginning of
<br /> this deed of Trust. Any person may change his or her address for notices under this Dead of Trust by giving formal
<br /> wriFten notice to the other person or persons, specifying that t[�e purpose of thB notiCe is tq Change The person's
<br /> address. For r,otice purposes,Trustor agrees to keep Lender informed aE all times of Trustor's current address. Unless
<br /> vtherwise provided or required 6y faw, if there is more t[�an one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice givan to all Trustors. [t will be Trustor`s responsibility ta tel]#he athers of the notice from �ender_
<br /> M15C�LLANEOUS PROV1SiONS. The following miscellaneous provisions are a paR of this Deed ot Trust:
<br /> Arnendments. What is written in this Deed of Trust and in the Related �ocuments is Trustor's entire agreement
<br /> with Lender concerning #E�e matters covered 6y this Deed ofi Trusc. To be eFFecxive, any c[�ange or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever wil] be bound or obliga#ed by the change or
<br /> amendmeo�t.
<br /> Caption Headings. Caption headings in this Deed af Trust are for convenience purposes onEy and are not to be
<br /> used to interpret or define the pro�isions of ihis Deed of Trust.
<br /> Merger. �Chere shall be no merger of the interest or estate created by this �ead of Trust with any o#her interest or
<br /> estate in the Property at any time he[d 6y or for the benefit of Lender in any capaci#y, withaut the written consenx
<br /> of Lender.
<br /> Govemin� Law. 7his Deed of Trust will be go�erned 6y federal law applicable to Lender and, to the exte�t not
<br /> preempted by federal law,the laws af the 5tate of Nebraska withaut regard to its confGcts of law prouisians. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If#here is a lawsuit, Trustor agrees upon Lender's request to submit to the j+�risdiction of the
<br /> courts of Half County, S#ate of Ne6raska.
<br /> Joirrt and Severa[ Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references ta Trustor shal[ mean each and every -1 rustor. This means tf�at each 7rustor signing below is
<br /> respansib0e for aEl obligations in tE�is DeecE of Trust.
<br /> No Wai�er by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lencfer does so in writing. The fiact that Lender delays or omits to exercise any right wil[ not mean thaY
<br /> Lender has g9ven up that right. 1f Lender does agree in writing ta give up one af Lender's rights, that does noi
<br /> mean Trustor w911 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 7rustor will not have to get Lender's consen#
<br /> again if the situation happens again. Trustor further understands that just�ecause Lender consents to one or more
<br /> of Trustor's req�ests, that does not mean Lender will be required to conseni to any of 7rustor's future requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a covrt finds that any provision of this Deed of Trust is not va]id or should noi be enforced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust will nat be va[id or enforced. There'fore, a court will
<br /> enfor�e the rest of tf�e provisions of this Deed of Trust even if a provision of this Deed of Zrust may be found#o be
<br /> i�valid or unenforceab[e.
<br /> Successors and Assigns. Sub�ect to any Eimitations stated in this Deed of Tr�st on transfer of 7rustor'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 t[�e Inde6tedness by way of forbearance or
<br /> extension witho+�t refeasing Trustor from the obligations of this Deed of Trust or[iability under the Indebtedness.
<br /> Time is ofi the Essence. Tirr�e is of the essence in the performance af this �eed of Trust.
<br /> Waive J��ry. All parties to this Deed o#Trust hereby wai�e the right to any jary trial in any action, proceeding, or
<br /> counterclaim brought 6y any par#y against any other party.
<br /> Waiver os Hamestead Exemptipn. Trustor hereby releases and waives a[I rights and banefits of the homestead
<br /> exemption]aws of the State of Nebraska as to all Indebtedness securecE by this Deed of Trust.
<br /> DEF[HfTEONS. The following words shafl have the following meanings when used in this Deed of Trust:
<br /> Senefiiciary. 7'he word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The ward "Borrower" means MARTIN D FITZKE and MICHELLE A FITZKE and includes all co-signers
<br /> and co-makers signing the Credit Agreement and al[their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated June 27, 2014, with credit
<br /> limit of $30,U00.00 from Trustor to Lender, together with al[ renewa[s of, extensions of, mpdifications of,
<br /> refinancirtgs of, consolidations of, and sul�stitutions for the promissory note or agreement. The maturi'ry date of
<br /> this Deed of Trust is June 27, 2079. NOTICE TO 7RUSTOR: 7HE CR�DI7 AGRE�MEiVT CONTAINS /� VARIABLE
<br /> INTEREST RATE.
<br /> Qeed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> incl�des writhoui limitation all assignrnent and security interest provisions relating to the Personal Pro�erEy and
<br /> Rents.
<br /> En�ironmwnta[ Laws. The words "Environmental Laws" mean any and all state, federal and [ocaE statutes,
<br /> regulatians and ordinances relating to the protection of human health or the environment, including withovt
<br /> limitation the Comprehensive Environmenta! Response, Compensation, and Liabi[ity Act of 1980, as amended, 42
<br /> U.S.C. Section 3607, et seq. {^CERCLA"], the S�pertund Amendments and Rea�thorization Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"},the Hazardous Materials Transportation AcY,49 U.S.C. Section 1801, ei seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. 5eccion 6901, et seq., or other applicable state or federa[ laws, rules,
<br /> or regulations adopted pursuant thereEo.
<br /> Event of Defa�lt. The words "Event of Default" mean any of the events of default set forth in this Desd of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing I�dehtedness. The words "Existing ]ndebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The worcfs "Hazardous Substances" mean materials that, because of their quantity,
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