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201500950 D�ED �F TRUST Loan Na: 8�2059395 (Contin�ed] Page 6 Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and rroust be signed by whoever will be bound or obligated by the change ar amendment. Cap'tion l�leadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. Ti here shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for�he benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This fleed of Trust will be governed by federa! [aw applicable ta Lender and, to the extent not preempted by federal[aw,the laws of the State ofi Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted hy Lender in the SYate of lHebraska. Chaice of Venue. 1f there is a lawsuit, Trustor agrees upon Lender's request to submit Yo Yhe jurisdiction of the courts of Hal[ Counry, State of Nebraska. Joint and SeveraE Liahility. All obligations of Trustor under this Deed of T'rus# shall be joint and several, and all references to Trustor sl�alE mean each and every Trustor. This means that each Trustor signing be[ow is responsible for afl obligations in this Deed of Trust. No Waiver by Lender. 7rustor understands Le�der will not give up any of Lestder's rights under this Deed of Trust unless Lender does so in writing. T�ne fact that Lender delays or omits to exercise any right wi[I not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this aeed of Trust. Trusmr also understands that if Lender does consent to a request, that does not rreean that Trustor wil] not have to get Lender's consent again if the situation [�appens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests, that does not mean �ender w'sll be required to consent to any of Trustor's future requests. Trustor waives presentment, c[emand for payrrsent, proEest, and notice of dishonor. Se�erability. If a court finds that any pso�ision of this Deed of Trust is not valid or shauld not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enfarced. Therefore, a court will 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 invalid or unenforceable. Successoo�s and Assigns. Subject ta any [imitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shal[ be binding upon and inure to the benefit of the parties, their successors and assigns. [f ownership of the Property becomes vested in a person otf�er than 7rustor, Lender, withaut notice to Trustor, may deal with Trustor's successors with refierence to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Trustor from the obfigations of this Deed of�'rust or liability under the lndebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Juuy. All parties to this Deed of 7rust hereby waive the right to any jury tr�al in any action, proceeding, or counterclaim braught by any party against any other party. Wai�er of Homestead Exemption. 7rustor hereby releases and waives a[I rights and benefits of the homestead exemption laws of the State of Nebraska as to al] Indebtedness secured by this �eed of�rust. DEFINI'FIONS. The fa[lowi�g worcis sha11 ha�e t�e foqowing meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns. Borrower. The ward "Borrower" means ROSERT A HOFFA and LINDA K. HOFFA and includes al] co-signers and co-makers signing the Gredit Agreement and a!I th8ir successors 0nd assigns. Credit Ag�reement. The words "Credit AgreemenY" mean the crecEit agreerrtent dated February 10, 2015, W[th credit lirnit of S5fl,000.00'from Trustor to Lender,together with alf renewals of, extensions of, modifications of, refinancings of, conso[idations of, and substitutions for the promissory note or agresment. The maturity date of this Deed af Trust is February 10, 2018. Deed of 7rust. The words "aeed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without lirrtitation al] assignment and security interest provisions relating to the Personal Property ancf Rents. Environmenfial Laws. The words "Environmental Laws" mean any and all state, federal and local statutss, regulatioras and ordinances relat9ng ta the protection of hurr3an health or the snvironment, inc[uding without [imitation che Comprehensive Environmenta] Response, Compensation, and L9ability Act of t 980, as amended, 42 �f.S.C. Section 9601, et seq. {"CERCLA"], the Superfund Amendments and Reauthorization Act of 'E986, Pub. L. No. 99-499 f"SARA"},the Hazardous Materials Transpartation Act, 49 U.S.C. Section 18D1, et seq.,the Resource Conserva•[ion and Recovery Act, 42 U.S.C. Section 8901, et seq., or other applicable state or federal laws, ru[es, or regulations adopted pursuant thereto. Event of Default. �he words "Event of Default" mean any of the events of default set forth in this Deed of 7rust in the events of default section of this L�eed of 7rust. liazardous Suhstances. The words "Hazardous Substances" mean materials that, because oir their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improper[y used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, rr�aterials or waste as defined by or [isted under the EnvirOnmentdl Laws. The term "Hazardous Substances" alsa includes, withou�I'smitation, petro[eum and petroleum by-products or any fraction thereof and asbestos. [mpro�emer�ts. 7he word "Impro�emeni5" medns dl[ exi5ti�g dnti future improvements, buildings, 5tructures, mobile homes affixed or� the ReaE Property, faci[ities, additions, replacements and other construction on the Rea[ Property. indebtedness. The word "Indebiedness" rrteans alE principal, interest, and other amounts, costs and expenses paya6le under the Credit Agreement or Related Oocuments, together with alE renewals of, extensions of, modifications of, consolidations of and substitutions �Far the Credit Agreement or Related Documents and any amounts expended or adva�ced by Lender to discE�arge Trustor's obligations or expenses 9ncurred by 7rustee or Lender to enforce Trustor's obEigations u�der this Deed of Trust, together with interest on such amounts as pro�ided in this Qeed of Trust. Lender. The word "Lender" means Equitable Sank, its successors and assigns. The words "successors ar assigns" mean any person or company that acquires any interest in the Credit Agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and oYher articles of personaf praperty now or hereaFter owned by Trustor, and naw or hereafEer attached or affixed to the Real Property;