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201500967
<br /> DEED OF TRUST
<br /> Loan No: 872059959 [Contlnued} Page fi
<br /> trustes, and the i�strument shal[ be executed and acknowledged by a[I the beneficiaries under this Deed of Trust or
<br /> their successors in interest. 7he successor trustee, withaut conveyance of the Property, shell succeed to all the
<br /> title, power, arod duties conferred upon the Trustee in this Deed of Trust and by applicable [aw. This procedure for
<br /> su6stitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required ta be given under this Deed of 7rust, including withaut limitation any noiice of default
<br /> and any notice of sa{e shal[ be given in writing, and shall be effecti�e when actually delivered, when actually received
<br /> by telefacsimile funless otherwise required by law), when depositec3 witE� a nationally recognized overnight courier, or, if
<br /> mailed, when depasited in the Uni#ed States rr�ail, as firs#class, certified or registered mail postage prepaid, direoted to
<br /> the addresses shown near the beg'snning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priqrity over ihis �eed of Trust shall be sent to �ender'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 Tsust by giving formal
<br /> written nqtice 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 providecf ar required by [aw, if there is more #han one Trustor, any natice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. lt will be Trustor's responsibi[ity to tell the others of the no#ice from Lender.
<br /> fVIiSCELLANEOUS PROVISID111S. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> Ament{merrts. What is written in this Deed ofi 7sust and in the Related Documer�ts is Trustor's er�ti:e agreerreent
<br /> with Lender cancerning 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 of�ligated by the change or
<br /> amendment.
<br /> Gaption Fteadfngs_ Gaption headings in this Deed of Trust are for convenience purposes only ared are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or
<br /> esta#e in the Property at any time he[d by or for the benefit of Lender in any capacity, without ihe written consent
<br /> of Lender.
<br /> Governing E.aw. This DEE(I of Trust will be go�erned by federal Eaw applicable to Lender aRd, to the extent not
<br /> preempted hy federal law,the laws of the State of Hebras&a withou2 regard to its conflicts of law provisions. This
<br /> 17eed of Trust has been accepted by Lender in the State of NebresKa.
<br /> Choice of Ven�e. If there is a [awsuit, Trustor agrees upon Lent€er's request to su6mit to the jurisdiction of the
<br /> courts of Hall County, State of�[ebraska.
<br /> Joirrt and Several Liability. AI1 obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. 7his rneans that each Trustor signing below is
<br /> responsib3e for al1 ob]igations in this �eed of TrusF.
<br /> No Wai�er by Lender. Trustor understancfs Lender will not give up any of Ler�der's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact chat Lender delays or omits to exercise any right will not mean that
<br /> Lender has given up that right, If Lender does agree in writing to give up one o# Lender"s rights, #hat does not
<br /> mean Trustor wil! not ha�e to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request, ihat doas not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> af Trustor's requests, that does not mean Lender wiEl be required to co�sent to any of Trustor's future requests.
<br /> Trustor waives presentment, demand for�ayment, protest, and notice of dishonor,
<br /> Severability. ]f a court finds that any prqvision of this Deed af Tr�st is not valid ar shouEd not be enforced, that
<br /> fact by itseff wiEl not mean that the rest of this Deed of Trust wil] not be va[id or enforced. Therefore, a court wilE
<br /> enforce the rest of the provisions of this []eed of 7rust even ifi a provision of this Deed of Trust may be found to be
<br /> in�alid or unenforceable.
<br /> Successors artd Assigns. Subject to any limitations stated in this Daed ofi Tsust on transfer ofi Trustor's intarest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors ancf assigns. €f
<br /> ownership afi the Property bacomas vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> dea[with Trustor's successors with refierence to this Deed of Trust and the Indebtedness by way of forl�earance or
<br /> extension without releasing Trustor from the obligations ofi this Deed of Trust or[iability under the Indebtedness.
<br /> Time is off the Essence. Time is of the essence in the performance af this Deed of Trust.
<br /> Wai�e Jury. Ail parties to this Deed of Trust herehy wai�e the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought by any parEy against any other party.
<br /> Waiver o�� Homestead Exemption. Trustor hereby releases and wai�es afl rights and benefits of the homestead
<br /> exemption laws of the State of f�4ebsaska as to all lndebtedness securec3 by this Deed of Trust.
<br /> DEFINITIONS. The fol[owing words shall have the following meanings when used in this Deed o€Treast:
<br /> Beneficiary. The wprd "Beneficiary" means Equitable Bank, and its successors and sssigns.
<br /> Borrower. 7he word "Borrower" means BRIAN � FAUSCH and LORI L FAUSCti and includes all co�signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. �he wards "Credit Agreement" mean the credit agreernent dated February 11, 2015, With
<br /> credit lianit.a# �25,000.00 frpm Trustor to Lender, tagetF�er with all renewals of, extensions of, madifications
<br /> of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is Fe6ruary 11, 2020. 11tOTICE TO TFiUST�Fi: 7HE CRED17 AGR�EM�NT CON7AINS A
<br /> VARIABLE INTER�ST RATE.
<br /> Deed of Trust. The wards "Deed of Trust" mean th9s Deed of Trust among Trustor, l.ender, and Trustee, and
<br /> includes without 3imitation a[I assignment and security interest provisions relating Yo Yhe Personal Property and
<br /> Rents.
<br /> En�ironmentaf Laws. 7he words "Envisonmental Laws" mean any and all state, federal and [oca{ statuYes,
<br /> regulations and ordinances relating to the proiection of human health or the environmen€, including without
<br /> limitation t3�e Comprehensive Environmental Response, Compensation, and Liabifity Act of 1980, as amended, 42
<br /> 11.S.C. Section 960'[, ei seq. {"GERCLA"}, the 5uperfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> f�o. 99-499 f"SARA"}, the Hazardous Materials Transportation Act, 49 1J.S.C. Section 1801, ei seq., the Resource
<br /> Conservation and t�ecovery Act, 42 U.5.C. Section 6907, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adapted pursuant thereto. '
<br /> �vent of DefaulE. The words "Evsnt of Defau[t" mean any of the events of default set fiorth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> �xisting Indehtedness. 3he words "�xisting Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazarcious Substances" mean materials that, because of their quantity,
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