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2� 1 �� 1 �75
<br /> aEEv oF TRusT
<br /> t�antinued� Pa+�e s
<br /> N�TICES. Any noti�e required tn be gi�en under this Deed of Trust� including without limitati�n any notice of default
<br /> and any nvti�e vf sale shall be gi�en in writing. and shall be effecti�e when actually del��ered, when actually rec�i�ed
<br /> by telefacsimile �unless otherwise required by lawy, when deposited with a na#ivnally re�ognized v�ernight�ourier, o�, i�
<br /> mailed, when d�pvsited in the United 5ta#es mail, as first class, certified or registered mail postage prepaid, directed to
<br /> the addr�sses shown near �he beginning of this Deed of Trust. All cvpies of noti�es af fvrecl�sure f�om the holder of
<br /> any lien which has pri�rity v�er this �eed of Trust shall he sent to Lender`s address, as shvwn near the beginning of
<br /> this Deed ❑f Trust. Any person may change his or her address �vr natices und�r this Deed of Trust by gi�ing farmai
<br /> written notice #o the other persan or persvns, specifying that the purpos� of ths notice is to change the person`s
<br /> address. Fvr notice purposes,Trustor agrees tv keep Lender informed at a13 times of Trustvr's current address. Unless
<br /> otherwise pro�ided or required hy law, if there is more than vne Trustor, any natice gi�en by Lender to any Trustor is
<br /> deemed to be notice gi�en to all Trustors. It will be Trus#vr's responsib�iity to tell the others v#the nvtice frvm Lender.
<br /> MISCELLANEDl1S PR�VISI�NS. The foll�r►ving miscei�anevus pro�isions are a part of this Deed❑f Trust:
<br /> Amendments. Wha# is writtsn in this Deed of Trust and in the R�lated Dvcuments is Trustor's entire agreement
<br /> with Lender concerning the matters �o►►ered by this �eed of Trust. To be effecti�e, any change vr amendment to
<br /> this Deed af Trust must be in writing and must bs signed by who��er will be bound or obligated by the change or
<br /> am�ndment.
<br /> Caption Headings. Captivn headings in this ❑eed vf Trust are for con��nience purposes vniy and are not to be
<br /> used t❑ interpret or de��ne#he pro�isions of this D�ed of Trust.
<br /> Merger. There shall be nv merger of the interest ar estate creat�d by this Deed of Trust with any other interest or
<br /> estate in the Praperty at any time held by �r far the laenefit o� Lender in any capac�ty, without the writ#en consent
<br /> of Lender.
<br /> Go►►erning Lsw. This Deed o# Trust wii! be go�erned by federal iaw applicable to Lende� �nd, to the extent not
<br /> prsempted by#ederai law,the I�ws of the 5tate of N�braska without regard tv its conflicts of I�w pro�isions. This
<br /> Deed of Trust has been a�cepted by Lender in the 5tate of Nebreska.
<br /> Ghaice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts o�Ha�l County, State of Nebraska.
<br /> Nv Wai�er by Lender. Trustvr understands Lender will not gi�e up any of Lender's rights under this ❑eed of Trust
<br /> unless Lender dves so in writing. The fact that Lender delays or omits to exercise any right will nvt mean that
<br /> Lender has gi�en up tha# right. If Lender does agree in writing to gi�e up ❑ne of Lender's rights, that does not
<br /> mean Trustar will nat ha�e to cvmply with the o#her pro�isions of this Deed of Trust. Trustor also understands
<br /> tha# if Lender does consent to a request, that does nv� mean �hat Trustor wiil not ha�e ta get Lender's consent
<br /> again if the situation happens again. Trustvr further understands that just be�ause Lender consents to❑ne or more
<br /> ❑# Trustor's requests, that does not mean L�nder will be required to �ansent tv any of Trustor's fu�ure �equests.
<br /> Trustar wai�es presentment, demand for payment, prvtest. and notice of dishonar.
<br /> Se�er�bility. If a court finds that any pro�isi�n of this De�d �f Trust is nat �alid vr sh�uld not b� enforced, that
<br /> fact by itself will not mean that the rest of this Deed of Trust w�1i no# be�alid or enforced. Therefor�. a cvurt will
<br /> enfor�e the rest of the pra�isians of this Dsed of Trust e�en if a pra�ision of this ❑eed of Trust may be found tv be
<br /> in�alid or unenforceable.
<br /> 5uccessors and Assigns. Subject tv any limitations stated in this Deed of Trust vn transfer vf Trustor's interest,
<br /> this aeed of Trust shall he binding upon and inure ta the benefit of the part�es, their su�cessors and assigns. if
<br /> ownership o�the Praperty hecvmes�ested in a person oth�r than Trustor, Lender, without notice to Trustor, may
<br /> dea!wEth Trustar's successors w�th re�er�nce to this Deed af Trust and the Cndebtedness by way of forbearance vr
<br /> extension without releasing Trustor from the obligativns of this Deed of Trust or liability under the Indebtedness.
<br /> Time is vf the Essence. Time is vf the essence in the performance of this C3eed of Trust.
<br /> Vllai�er of Homestead Exemption. Trustvr hereby releases and wai�es all rights and benefits vf the hamestead
<br /> exemp#ian laws of the 5tate of Nehraska as tv al� Indebtedness se�ured hy this Deed❑f Trus#.
<br /> DEFINITIQNS. The follawing words shall ha�e the follvwing meanings when used in this Deed o�Trust:
<br /> Beneficiary. The wvrd "Beneficiary" means Exchange Bank� and its successors and assigns.
<br /> Borrower. The ward "Borrvwer" means Ste�en W Linnemeyer and includ�s all c�-signers and �o-makers signing
<br /> the Credit Agr�ement and all their successors and assigns.
<br /> Credit Agreemen#. The words "Credit Agreement" mean the cr�dit agreement da#ed February 1 S, 2�1 G, Wlth
<br /> credit lim�t of $45.�fl�.��fram Trustor tv Lender, togethe�with all renewals vf, extensivns af, mvdifications
<br /> vf, refinancings of, consolidations of, and suhstituti�ns for the promissory nvte or agreement. N�TICE T�
<br /> TRUST�R: THE CRED�T AGREEMENT C�NTAINS A VARIABLE lNTEREST RATE.
<br /> Deed of Trust. The wvrds "�eed �f T�ust" m�an this Deed vf Trust among Trustor, Lender, and Trustee, and
<br /> �ncludes wi�hout limitation all assignm�nt and security interest pro�isivns relating t❑ the Personal Rroperty and
<br /> Rents.
<br /> En�irvnmentaf Laws. The words "En�irvnmen#al Laws" mean any and all state, federa� and iv�al sta#utes,
<br /> regulations and vrdinances relating to the protection of human health or the en�ironment, including withaut
<br /> limitation th� C�mprehensi�e En�ir�nmentai Response, Compensation, and Liability Act of 1980, as amended, 4�
<br /> L1.S.C. 5ection 9fi�1, et seq. �"CERCLA"y� the Superfund Amendments and Reauthvrization Act of '!98fi, Pub. L.
<br /> No. 99-499 �"SARA"f,the Hazardous Materials Transportation Act, 49 IJ.S.C. Section 18D1, et seq., the Resaurce
<br /> �onser�ation and Reco�ery A�t� 42 U.S.C. 5ection fi9�1� e# seq.► ❑r other applicable s�tate or #ederal laws, rules�
<br /> or regulations adopted pursuant thereto.
<br /> E�ent o#Default. The words "E�ent�f Default" mean any af the e�ents of default set forth in this Deed vf Trust in
<br /> the e�ents vf default sectivn of this Deed❑f Trust.
<br /> Existing �ndehtednsss. The wo�ds "Existing Indeb#edness" mean the indebtedness described in the Existing Liens
<br /> pro�ision vf this Deed��Trust.
<br /> H�zardous 5uhstances. The wo�ds "Hazardvus 5ubstances" mean materials that, because of their quantity,
<br /> concentrativn ❑� physical� �hemical or in#ectious �harac#er�stics, may cause or pvse a present or potential haaard
<br /> to human h�alth or the en��rvnment when impraperly used, treated, stvr�d, dtsposed of, generated� manufactured,
<br /> transparted or otherwise handled. The wvrds "Hazardvus 5ubstances" are used in their �ery broadest sense and
<br /> in�lude without limitation any and a�i hazard�us vr t�x�c substances, materials or waste as defined �y �r listed
<br /> under th� En�iranmental Laws. The term "Hazardous 5ubstances" also includes, without limitativn, petrvleum and
<br /> petroleum by-prvducts or any fractian th�reof and asbest�s.
<br /> Impro�ements. The ward "Impro�ements" means all existing and future impro�ements, buildings, structurss,
<br /> mobile homes affixed ❑n the Real Property, facilities, additions, replacements and other cvnstructian vn #he Real
<br /> Property.
<br /> Indebtedness. The word "Indehtedness" means all prin�ipal, interest� and other amounts, costs and expenses
<br /> payable under the Credit Agreement or Related Documents, together with all renewals of, ex#ensivns o#,
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