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201503431
<br /> DEED OF TRUST
<br /> (Continued) Page 6
<br /> NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of detault
<br /> and any notice of ;�ale shall be given in writing, and shall be effective when actually delivered, when actually received
<br /> by telefacsimile (uriless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addresses shovvn near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. An�y person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the c�ther 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 provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> IV�ISCELLANEOUS F�RO\IISIONS. The following miscellaneous provisio�s are a part of this deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning 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 obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and 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 /> 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 Lav��. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not
<br /> preempted by fedeiral law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust!has I�een accepted by Lender in the State of Nebraska.
<br /> Choice af Verr�ue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall (:ounty, State of Nebraska.
<br /> Joint and Sevc;ral I_iability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trus,tor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by iLender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender doe:� so in writing. The fact that 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 of Lender's rights, that does not
<br /> mean Trustor �Nill not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender ��oes consent to a request, that does 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 /> of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives pre;>entment, demand for payment, protest, and notice of dishonor.
<br /> Severability. IF a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself�n�ill nc�t mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will
<br /> 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
<br /> invalid or unenforce:able.
<br /> Successors arni Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor'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 the Indebtedness by way of forbearance or
<br /> extension with��ut releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the I:sseiice. Time is of the essence in the performance of this Deed of Trust.
<br /> Waiver mf Homeste:ad Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption law;�of i:he State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The follo��ving words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. Tfie word "Beneficiary" means Exchange Bank, and its successors and assigns.
<br /> Borrower. The wcrd "Borrower" means MICHAEL D SCHUSTER and MICHELLE S 5CHUSTER and includes all
<br /> co-signers and co-rriakers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreeme;nt. The words "Credit Agreement" mean the credit agreement dated May 18, 2015, Wlth CI'BClit
<br /> limit of $124,�!95.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br /> refinancings of, cor�solidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR:
<br /> THE CREDIT A�3REE:MENT CONTAINS A VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without lirnitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws°' mean any and all state, federal and local statutes,
<br /> regulations ancl orclinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 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 6901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Indebtedne:ss. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of thi:� Dei>.d of Trust.
<br /> Hazardous Substanoes. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration cr physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to human healtli or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or w�ste as defined by or listed
<br /> under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
<br /> petroleum by-produc;ts or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes �3ffixe;d on the Real Property, facilities, additions, replacements and other construction on the Real
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