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2� 1 ��927 DEED �F TRUST {�ontlnu��} Page � N�T�GES. Any notice required �o be given under this Deed of Trust� inc�uding without limifiation any notice vf default and any notice of sale shatt be gi�en in writing, and shalI he effecti�e when actuaIIy deli�ered, when actuaily r�ceived by telefiacsimile �uniess atherwise required by�aw},when depasited with a nationally recvgni�ed o�ernight courier, ❑r, i� mail�d, when deposited in�he United Sta�es mailr �S�I�S�CIaSS� certified ❑r regis�ered mail postage prepaid� di�re�ted t❑ the addresses shown near the beginning ❑f�his ❑eed of Trust. A�2 copies vf notices af foreclosure �rom �he holder o� any lien which has pr-iority ❑�rer this De�d at Trust shall be sent ta Lende�-Fs address, as shawn nea��he beginning ❑f this Deed of Trust. Any person may change his or her address far noti�es under this Deed of T�ust by giving formaI writ-ten no�tiae to �he other p�rson or persons, spe�ifiying tha� the purpase of the notice is to �hange fhe person's address. Fo�notice pur-poses�Trustor agrees�v keep Lender informed at a11 t�mes of Trustor's current address. Unjess othennrise pro�ided or �equired by Iaw, �f there is mvre�han one T�ustorr any not�ce gi�en by Lender to any Trustnr is deemed to be notice given to aII Trustor�s..It will be Trusto�'�responsibi�ity to te11 the athers of the no�ics from Lender. MISCELLANEDUS PR4ViS1�NS. The follawing misceI�aneaus pro�isian�are a part v�this Deed of Trust: Amendments, What is written �n this Deed ❑f Trus� and in the Related Documents is Trus�o�-'s entire agre�men� with Lender concerning the matters cor�e�-ed by this Deed of Trust. To be effec�ive, any change or amendment to this �eed of Trust must be in writing and must be signed by whoever wiII be bound or obligated by the change or amendmen�. Capt�on Headings. Gaption headings in this Deed of Trust are �ar convenience purposes onIy and are not to be used to interpret or define-the pra�isions of this❑eed of Trust. Mergar. There sha�f be no merger a�F the in�er�est or esta�e created by this Deed o�Trus�with any othe�interes�or esta�e in the Properry a�any time heId by o�far the benefi�o�F Lender in any capacity, without the written consen� af Lend�r. Go�erning Law. This Deed ❑f Trust wili be gaverned by federaI 1aw applicable to Lander andr to the axtent not preempted by federaI�aw,the Iaws of the Sta#e of Nehraska without regard to�ts canflicts of law provisions, This Deed of Trust has been ac�epted by Lender in the 5tate of Nebraska. Choice af Venue. �f there is a Iawsuit, Trustor a�rees �pvn Lender's request to submit to the jurisdiction of the courts af HaII County� Sta��of Nehraska. � Joint and Se�eraI Lia6iIity. Alf obligafiions o�Trustor under this C�eed of Trust shal! be joint and se�eralr and all references to Trustor shall mean each and e�ery Trustor. This means that each Trustor signing belnw is �espansible for a�� ❑hiiga�ions in this Deed o�Tru�t. N❑ Waiver by Lender. Trus�or understands Lender will not gi�e up any of Lender's �ight� under this Deed o�Tr�u�t unless Lender daes s❑ in writin�. The fac�tha� L�nder deIays o� omits to exe�cise any righ� wi[l not mean tha� Lender has gi�en up that right. If Lender does agree in �vv�iting ta gi�e up ❑ne of Lender's rights, tha�t does not mean Trustor will no� ha�e to comply wi�h �he other provisions of�his Deed of Trust. Trustor also unders�ands that i� Lender does consent ta a r-equest� �hat c�oes not mean �hat Trusto�will not ha�e to get Lender's consen� again i�the situation happens again. Trustor�urther understands that just because Lend�r consen�s to one or more a�Trustor's requests. that �oes not mean Lender will be required �o cansent to any of Trustor's �u�ure reques�s. Trus�or-wai��s presentment, demand for paymentr protes�r and notice of dishonor. Se�erabiIlty, rf a cou�finds tha� any p�o�ision of this Deed of Trust is not�alid or sh�ufd not be enfio�ced, �hat fact by i�sel�wil� not mean tha�the res�of this Deed ❑�Trus�wili not be�alid or enforced. Therefare, a court wi11 enforce the �-est of�the pra�isivns af this ❑eed of Trust even if a pro�ision o�this ❑e�d a�Trust may be found to be xn�aiid ar unen�orceable. Su�cessars and Ass�gns. Sublect t❑ any Iimi�ations s�ated �n this aeed afi Trust on transfer of Trustor's interest, this Deed ❑f Trus�shalI be binding upan and inu��to the bene�it of the parties, their successors and ass"rgns. �# ownership of the Prvperty becomes vested in a pers�n other than Trustar, Lender, w�thout notice to Trustor, may dea�wi�h Trustor's successa�rs with reference to this Deed ❑�f Trus�and the f ndebtedness by way a��orbearanc�o� � extension without refeasing Trustor from the obliga�ions of this❑eed o�Trust or liabi�ity under the Zndebtedn�ss. Time�s af the Essence. Time is o�the essence in�he performance ot this Deed o�Trust. � Waiver of Homestead Exemption. Trustar hereby t-eleases and wai�es aII rights and benefits of the hamestead exemp�ion Iaws of the�tate ❑�Neb�aska as to all lndebtedness secured by this Deed of Trust, DEFIN�Ti�NS. The�ol�owing words shall har�e�he fvllvwing meanings when used in this Deed of Trust: Benafciary. The word nBene�iciary" means Exchange Bank, and its�u�cesso�s and assigns� � = � 6orrower. The word "Borrower" means ScotC B Arnold and Sheri L Arnald and includes aii co-signers and co�makers signing the Credit Agre�ment and aII their su�cessors and assigns. Gredit Agreement. The words nCred�� Agreemenfi" mean �he credit agreement dated �ctober 'I3r ��'I6r w�th credit 1[mit of $��,D��,DD �rom Trusto� �o Lender, �ogether `wi-th. a�I renewals�of, extensions of, • modifications o�, refinancings ❑f, c�nso�idations o�f and substitutions �for� the pramissory no�e or agreement. NaTIGE T�TRUSTaR: THE CRED�T AGREEMENT C4NTAlNS A VARIAgLE 1NTEREST RATE. , � Deed vf Trust. The words "Deed o�Trust" mean this L3eed of Trust among Trustor, Lender, and Trus�ee, and includes without limi�ation all assignm�nt and seaurity interest p�ovisions re�ating to the Personal Property and Rents. En�iranmentai Laws. The words "En�ironmen�af Laws" mean any and aII state, federa[ and Iocaf 5�a�l.I�BS� . regulations and ordinances relating to the protection o� human health or the environmen�, in�luding withou� � 1imi�a�ion the Comprehensive En�ironmental Response, Campensationr and LiabiIity Act of �98fl, as amended� 42 U.S.C. Sec�ion 9E�'i, e�seq, {"�ER�LA'�}, the 5uperfund Amendmen�s and R,eauthorization Act of 'I986, Pub. L, Na, 99-499 �"SARA"},the Hazardaus Materials Transpartation Act, 49 U.S.C� Section �8�1� et seq,,the Resource � Conservation and Reca�ery Act, 42 U,S,C. Sectian 69�'1, et seq.r or o�her applicable state ar�federal Iaws, ru�es, or reguIations ad�pted pursuant thereto. E�ent of Defau�t. The words "E�ent o�Defa�rlt" mean any o�the events o-F defaul�se��orth in this Deed ❑�F Trus�in the e�ents of defaul�section of�his ❑eed of Trust. Exr"st`rng Indebt�dness. The words "Existing Indebt�dnesstt mean the indebtedness described in�he Existing Liens pra�isian of#his �eed of Trust. � Hazardaus Substances. Th� words "Hazardaus Substance�" mean materzals that, because o� �heir quanti�y, �oncentration or physical, chemica� or infe�tious characteristics, may cause or pose a present or potentia� ha�ard to ruman health or the environmen�when improperly used,treated, stvredt disposed af, genera�ed, manu�actured, transported or-otherwise hand�ed. The word� "Hazardaus Subs�ancesn are used in their very broades�sense and include without limitation any and all hazardous or to�ic substances, materials ar waste as defined by or- Iisted under the En�ironmental Laws. The term "Hazardous Subsfances" aIso includes,without�imitatian, pe�roleum and petroleum by-products or any�rac�ion thereof and ashestos. lmprovemen#s. The word "Imp�vvements" means aII exis�ing and futu�e imprv�ements, buildings, structuresr mob�le homes af-Fixed on the Real P�operty, facilitz�s, additions, repIacements and other construc�i n an �he Re