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2� 17� 139� DEED �F TRUST �C�ntInu�d} Page 6 Trustee. Trustee sha�� meet aft qualifications required �vr Truste� under applicable law. In additian t❑ the rights and remedies set forth above, with respect to a1I or any part of�he Property, the Trustee shai� have the right ta fo�ecIose by notice and �ale, and Lender w�II ha�e th� right to foreclase by�udicial foreclosure, in ei�her case in aGcordance with and to the fu1�ex-ten�pro�ided by app�i�abie�aw. 5ucces��r Trustee. Lender, a�Lender's option, may from time to time appvint a successor Trus�ee ta any Trustee appointed under this Deed flf Trust by an instrument exe�utEd and acknowledged by Lender and re�orded in the office vf the recorder of HALL County, State o�F Nebraska. The instrument shall cvntain, in addition to a1I o�her mat�ers required by sta�e faw, tf�e names ofi the origina� Lender, Trustee, and Trustor, the boak and page �or cvmputer system r�ference} where this �eed o� Trust is recarded, and the nam� and address ❑f the su�cessor trustee, and the instrument�hafl be ex�Guted and aGknow�ed�ed by a[I the beneficiarie�under�his Deed o�Trus�❑�- their su��essors in interest. The successor�rust�e< <nrithou� conveyance of the Prap�rty, sha�I suc�e�d to aSl the title, power, and duties cvnferred upon the Trustee in th�s Deed of Trust and by app�icable 1aw. 'T'his prvicedure�or substi�ution o-�Trustee sha11 govern�o the excfusion ot aII other prav�sions for subs�i�ution. NDTICES. �4ny notiGe required tv be given under this aeed of Tru�tr including without Iimita�ion any notiae o�defaul� and any natice of sale shall be given in writin�. and shalf be effe�tiv�e when actualIy de[i�ered� when ac�ually received by teSe�acsimile tunSess otherw3se required by jaw},when deposited wixh a nationaliy recvgnized o�ernight courie�-, or-, i� mailed, when depvsi�ed in the United States mail� as first c�a�sr �ertified or registered maiI postage prepaid� direG�ed to the addresses shown near�he beginning of this Deed of Trust. AII capies af natices ❑f fo�eclosure from the ha�der o� any lien which has priority over this Deed ❑�Trust shall be sent f❑ Lender's address� as �hawn near the beginning of this Deed of Trust. Any person may change his ❑r her address for not�ces under this Deed of Trust by giving �orma� written nottGe to the other persan or persans� spe�ifying that the purpose af the notice is ta change the person's address. Far no�ice purposes, Trustor agrees�o keep Lender informed at aII�times of Trustor'�currenfi address. Unless otherwise pro�ided or required by faw, �f ther� is mvre �han one Yrustor, any no�ti�e gir�en by Lend�r ta any Trus�or is deemed-ta be nvtice gi��n tn af I Trustors. ft wi�1 be Trustor's responsibi�ity tv te12 the❑thers o�th�natice fram Lender. MISCELLANE�US PRaVI�I�iliS. The�aliawing miscellaneous prvvisions are a part❑f this ❑eed of Trus�: Amendments. What is written in this Deed af Trust and in the ReIated ❑ocuments is Trustor's en�ire agreement with Lende�concerning the mat-�ers covered by this Deed n�F Trust. Tv h� efFeG#lue� any change o�amendment t� this Deed a-F Trust must be in w�-iting and must be signed by whoe�er w�� be baund or obliga�ed by�he change or amendment. Captior� Headsngs. Captfon headings in this Deed nf Trust are for convenience purpose$ ❑nly and are nv� to be used to in'�erpret o�define the p�avisions o�F thi�Deed af Trust. - Merger. Ther�shall be no merger of�h�in�erest or es�ate crea#ed by this Deed of Trust with any other interesf or estate in�the Prvperty at any tim� heid hy or for�he benefit of Lender in any �apacity► without the written �onsen� of Lender. Governing Law. This Deed Qf Trust wil� be governed by federal Iaw appIicable to Lender and, to the ex#ent nat preempte�by federaI I�w,the laws v�the 5ta�e of 1Vebraska withvut regard t❑it� canf[icts af Iaw provisions. This L�eed of Trust h�s been ac�epted by Lender in the State of Nebraska. Chaice of Venue. 1�F there is a lawsuit, Trus�ar agrees upon Lender-'s request t❑ submit to the jurisdi��ian o�the caurts of Ha�] Countt�, Sta�te a�Nebraska. Joint and Se�eral Liabiiity, AII oblig�tivns ❑f B�rroinrer and Trustor under this Deed o� Trust sha�i be joint and se�eral, and aIl references�o Trustor shall mean each and every Trustvr, and a1� referen�es t❑ Borrower$hall mean each and errery Barrower. This means th�t each Trustor sign�ng bel�w is r�sponsible for aII❑bfigation�in this Deed o f Tru�t. No Waiver by Lender. Trustor unde�-stands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender dves sa in writing. The �act�hat Lender defays or omits to exercise any right wi�I not mean tha� Lender has giv�n up that right. �� Lender does agree in writing to give up one of Lende�'s rights, �ha� does not mean Trus�or will no� have to campIy with �he other provision� of this ❑eed o�f Trust. Trustor alsv understands that i� Lgnder does consent to a request, that does not mean that Trustor will not have to �et L�nderFs consent again if�he situation f�appen�again. Trustor further understands that just because Lender consen�s�o ❑n�❑r more ❑f Trus�or's requests� �hat does nat mean Lender wi�l be required to cvnsent to any ❑f Trustor's future requests. Trustor wai�es presen�men�r demand far paymentr protest� and na�ice of dis�onor. Severability. If a cvurt finds that any pro�ision of this ❑eed af T�ust is no��alid or should nat be en�orced, that fact�y itself wilf not mean that the rest a��his L�eed of Trust wi1S nat be va3id vr enfvrced. Therefore* a cvurt wil� enfvrce the rest o�the pro�isions❑f this Deed ❑f Ttus�even if a pro�Ision of this De�d of Trust may be�ound t❑ be invali�i or unenforceable. Successvrs and A�s�gns. Subjec�ta any Iimita�ions stated in this Deed ❑f Trust on transfer of 7rustor's interest� this De�d of Trust sha1l be binding upan and inure ta the benefit o�the parties� their successars and assigns. Ifi ownership vf the Prvperty becomes�ested in a person other than Trustvr, Lendar� wi�hout notice to Trustar, may deal wi�h T�ustor's successvrs wifih reference to this Deed of Trust and the lndebtedness by way of forbearance❑r extension without re�easing Trustor from the abligations of�his Deed ot Trust or Iiab�Iity under the �ndebtedness. Tim�is of the Essen�e. Tim�is of the essence in th�:perfvrmanc�af this Deed❑t Trust. Wai�er of Hvmestead E.xemption. Trustor he�eby reteases and wai�es alf �ights and benefits of �he hvmes�ead exemption laws of the State o�F Nebraska as to all Indebtedness secured by this Deed Qf Trust. �EF�NIT��VS. The following words shall ha�e the�oflowing meanings when used in this �eed of Trust: Benefciary. The worr� "Beneficiaryn means Exchange Bank� and�ts successors and assigns. �arrower. The word "Borrowe�'�` means HECT�R M RUBlD and includes al� co--signers and co-makers signing the Credi�Agreement and�II their successars and assigns: Credi� Agreement. The words "�redi� Agreement" m�an th� credit agreement dated February 27, 2�'i 7, w[th Ct'edit �imit �f �5�,��_�� from Sorrower to Lenderr together with aIC renewals of, extensions ❑fr moditicat�vns of, refinancings ❑f� consoiidatians of, at�d substitutians far the prnmissory note .or agreement. NOTiCE T�TRUSTQR: THE GREDIT AGREEMENT��IV�AIIIIS A VAR�ABLE ZNTEREST RATE. Deed ❑f Trust. The words "Deed of Trus�n mean this Deed �f Trust among Tru�tor, Lender� and Tr-ust�e, and include� without limi�ation aEl assignment and �eGurity in�erest pror�i�ians relating to the Persanal Property and Ren�s. Fnvifonmenta� Laws. The words "Enviranmental Laws" mean any and all state, fede�al and Iocal statu�es, reguIa�ions and ❑rdinances reIating ta �he prot��ion of human hea�th or fhe envi�vnmen�, including withaut limitativn the Gamprehensi�e En�ironmenta� Response� Campensa�inn, and LiabiEity Act afi 'I98�� as amended, 42 U.S.C. Sec�ion 954'I, e�seq. �"CERCLA"}� �he Superfund Amendments and Reauthorizatian Act❑f �986, Pub. L. I�Io. 99�4-99 {"SARA�}�the Hazardous Ma�erials Transportatian A�tt�9 LJ.S.C. Sectian 18fl'I r �t seq,�the Resaurce Conservativn and Recvvery Act, 42 U.S.C. Section 69�1, et seq., or other applicabie state ❑r federaa laws, rules, or reguiations adopted pursuant thereto.