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201405339
<br /> DEED OF TRUST
<br /> Loan No: 8720597$1 (Continued] Page 6
<br /> trustee, a�d the instrument shaA be executed and acknowledged by al]the beneticiaries under this �eed af Trust or
<br /> their successors in interest. The s�ccessor trustee, without conveyance of the Property, shall succeed to alf the
<br /> tiUe, power, and duties conferred upon the 7rustee in this Deed of Trust and by applfcabte law. This procedure for
<br /> subsEitution of Trustee shal] govern to the exclusion of afl other provisians for substitution.
<br /> NOTICES. Any notEce required to be giver� under this Deed of Trust, including without limitation any notice of default
<br /> and any natice of sale sE�alE be given in writing, and shal] be effective when actually deli�ered, when actually received
<br /> by teEefacsimile (u�less atherwise required by law1, when deposited with a nationally recagnizad overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directeci to
<br /> the addresses shown near the beginning of this Deed of Trust. A]I copies of notices of foreclosure Erom the holder of
<br /> any lien which has priority over Yhis Deed of Trust shall 6e senF to Lender's address, as shown near #he heginning o'F
<br /> this Deed of Trust. Any person may change E�is or her address fior notices under Yhis Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifiying that the purpose ofi the no#ice is to change the persan's
<br /> address. Far notice purposes, Trustor agrees to keep Lender 9nformed at all times of Trustor's current address. Unless
<br /> oEherwise provided or required by law, if there is more than one Trustor, any nptice given by Lender to any Trusxor is
<br /> deemed#o be notice gi�en to all Trustors. lt will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The fiollowing miscellaneous provisions are a par�of this Deed of Trust:
<br /> Amandments, What is wri#ten in #his Deed of l"rust and in the Related Documents is Trustor's entire agreemeni
<br /> with Lender concerning the matters covered E�y this peed of Trust. To be eFfeccive, any change or amendment to
<br /> this �eed of Trust must be in writing and must be signad by whoever wil! be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headngs. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to in4erpret or define the provisions of this Deed of Trust_
<br /> Merger. There shall be no merger of the interes#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 Qeed of Trust wil[ be go�erned by federal law apPlicahle tp Leoder and, to the extent no#
<br /> preempted 6y federal[aw,the laws of the State of Nebras&a without regarci to its conflicts of law provisions. This
<br /> �eed of Trust has been accepted hy Lender in the State of{lfebreska.
<br /> Choice a•�f Venue. Ef there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hail County, State of Nebraska.
<br /> No Waiver by Lender. Trustor u�derstands Lender will not give up any of Lender's rights under this �eed of Trust
<br /> unless Lender does so in writing. The fact thaY Lender delays or omits ta exercise any right will not mean that
<br /> Lender has given up that right. ]f Lender does agree in writing to give up one o'f Lendes's rights, that does nat
<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 requesY, thaC does not mean that Trustor will not have to get Lender's conseni
<br /> again if the situation happens again. Trustor further understands that just hecause Lender consents to one or more
<br /> nf Trustar's requssts, thai daes not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment, demand far payment, pratest, and notice of dishonor.
<br /> Severability. I€ a court finds ihat any provision of th@s Deed of �rust is not va[id or shou�d not be enforced, that
<br /> fact by itself wil! not mean that the rest o�F this Deed of Trust wil[ not be valid or enforced. Therefore, a court will
<br /> enforce the rest of the pro�isions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> 5�ccessors and Assigns. Subject ta any limitations stated in this Deed of Trust an transfer of Trustor's interest,
<br /> this Deed of Trust sha11 be binding uppn and inure to the 6enefiit of the parties, their successors and a5signs. 1f
<br /> ownership of the Property becomes vested in a person other than Trus#or, Lender, without notice ta Trustor, may
<br /> deal witf�Trustor"s successors with reference to ihis Deed ofi Trust and the �ndebtedness by way of forbearance or
<br /> extension without reieasing Trustor frorrt the obEigations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of#he Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive J�¢ry. AI! parties to this Deed of Trust hereby waive the right to any jury trial in anq action, proceeding, or
<br /> eourrtercEaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor E�ereby reEeases and waives all rights and benefits of fihe homestead
<br /> exerrtption Eaws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the fol[owing meanings when used in this Deed ofi Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" mear�s MIGHELLE J HYSELL and includes all co-signers and co-makers signing the
<br /> Credit Agreement and al]their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreament" mean the credit agreerrtent dated August 25, 2074, with
<br /> Credit limit of $7 5,000.00 from Trustor to Lender, together with a!I renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations of, and substitutions for t[�e prpmissory note or agreement. 7he maturity date of
<br /> this Deeci of Trust is August 25, 24'[9. NDTICE TO TREISTQR: SHE CREDI"f AGR�EMENT CQIrfTAINS A
<br /> VARlABLE IhfTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Tr�stor, Lender, and Trustee, and
<br /> inCludes without limitation al[ assignment and security interest prp�isions relating to ihe Personal Property and
<br /> Rents.
<br /> En�rironrruentai Laws. The words "Environmental Laws" mean any and all state, fedaral and local statutes,
<br /> regulations and ordinances relating to the protection of hurr�an [�ealth or the environment, including wiYhout
<br /> limitation the Comprehensive Environrrtentai Response, Compensation, and L9ability Act of 398p, as amended, 42
<br /> U.S.C. Section 9601, et seq. {^CERCLA"], the Superfund Amendments and Reauthorization Act of 7986, Pub. L.
<br /> [�40. 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. Section 8901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> E�ent of Default. The wards "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the even�s of default sacEion of this Deed of Trust.
<br /> Existing ¢ndebtedness. 7he words "Existing fndebtedness" rr�ean the indebtedness described in the Existing Liens
<br /> provision of this deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" rrzean materials that, because of their quantity,
<br /> concentration or physical, chemica[ 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, generaied, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and afl hazardous or toxic substances, materials or waste as defined by or listed
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