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201503234 DEED OF T��1ST (COn�3nUQd) Page 6 and remedies set forth above, with respect to all or any part of the Property, the Trustee shail have the right to foreclose by notice and sale, and Lentler will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the fuli extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrurnent executed and acknowledged by Lender and recorded in the office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by ali the beneficiaries under this Deed of 7rust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power,and duties conferred upon the Trustee in this Deed of Trust and by applicab'le law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actualiy received by te(efacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notises of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by gi�ing formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Uniess otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to ali Trustors. It will be T�ustor's responsibility to tell the others of the notice from Lender. NE#SCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the rnatters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by#he change or amendment. Caption Headings. 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. There 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 the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent nof preempted by federa9 law,the laws of the State of Nebraska without regard to its conflicts o#law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Joint and Several Liability. Ali obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. This rrieans that each Trustor signing befow is responsibie for all obligations in this Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust uniess Lender does so in writing. The fact that Lender delays or omits to exercise any right will 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 Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presenYment, tlemand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court witl 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. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with refetence to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all fndebtedness secureci by this Deed of Trust. DEFINITIONS. The following words shall have the foilowing meanings when used in this Deed of Trust: Beneficiary. The word"Beneficiary"means First National Bank of Omaha, and its successors and assigns. Borrower. The word "Borrower" means Miles L Enyeart and Amanda J Enyeart and includes all co-signers and co-makers signing the Credit Agreement and a11 their successors and assigns. Credit Agreement. The words "Credit AgreemenY'mean the credit agrPement dated May 14, 20��, with credit Ilnlit Of $1'2,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of; and substitutions for the promissory note o� agreement. The maturity date of this Deed of Trust is May 14, 2045. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAIN3 A VARtABLE INTEREST RATE. Deed of Trust. The words "Deed of TrusY" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes witMout limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation#he Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 96Q1, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499("SARA"), the Hazardous Materials Transportafion Rct, 49 U.S.C.Section 1801, et seq„ the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.