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<br />loan No: 0872056647
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200800841
<br />
<br />Page 5
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowled{:led by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyanco of the Property, shall succem] to all the title,
<br />power, and duties confflrred upon the Trustee in this Dood of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall {:Iovern to the exclusion of all other provisions for substitution.
<br />
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually deliveren, when actually received by telefacsimile (unless otherwise
<br />requiren by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Statos mllil, as
<br />first class, certifien or registered mail postage prepaid, nirected to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenner's address, as
<br />shown near the beginnin{:l of this Deed of Trust. Any person may change his or her address for notices under this De....d of Trust by givin{:l
<br />formal written notice to thp. other person or persons, specifyiWl that the purpose of the notice is to change tho person's address. For
<br />notice purposes, Trustor agrees to kop.p Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire a{:lreement with Lendor
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or llI11endment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the change or amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Deen of Trust.
<br />
<br />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
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />
<br />Choice of Venue. If there is a Inwsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />
<br />Joint and Several liability. All obligations of Trustor unner this Deen of Trust shall be joint and several, ann all references to Trustor
<br />shall mean each and, every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />
<br />No Waiver by Lender, Trustor understands Lender will not give up any of Lender's rights under this DP.f!(J of Trust unless Lendor does
<br />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 Lenner
<br />does awee in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lenner's consent a{:lnin if the situation happens again. Trustor further unnP.rstands that just because Lenner consents to
<br />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
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />
<br />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
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable.
<br />
<br />Successors and Assigns, Subject to any limitations stated in this Deen of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon ann inure to the benefit of the parties, their successors ann assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lenner, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust lInd the Indebtedness by way of forbearance or extension without releasing Trustor from the obliglltions of this Deen of
<br />Trust or liability unner the Indebtedness.
<br />
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />
<br />Waiver of Homestead Exemption. Trustor hereby releases nnd waives all rights and benefits of the homestean exemption laws of the
<br />State of Nebraska as to all Indebtedness securen by this Dep.d of Trust.
<br />
<br />DEFINITIONS. The followin{:l words shnll have the following meanin[Js when used in this Deod of Trust:
<br />
<br />Beneficiary. The worn "Benp.ficiary" means Equitable Bank, and its successors and assigns.
<br />
<br />Borrower. The word "Borrower" means MICHAEL M MCDONALD and IRMA L MCDONALD and includes all co-signers ann co makers
<br />signing the Crenit Agreement and all their successors and assigns.
<br />
<br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated January 15, 2008, with credit limit of
<br />$25,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is January 15, 2013. NOTICE TO
<br />TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />
<br />Environmental Laws. Tho warns "Environmp.ntnl Lnws" Illoan Ilny nnd IlI1 stMe, federal and local statutes, re{:lulations Ill"! ordinances
<br />relating to the protection of human health or the environment, incluning without limitation the Comprehensive Environmentfll
<br />Response, Compp.nsation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, ot seq. ("CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99--499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />
<br />Event of Default. The words" Event of Default" mean any of the events of defnult set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />
<br />Hazardous Substances. The words "Hazardous Suhstances" mean materials that, because of their quantity, concentration or
<br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise hannled. The words
<br />"Hazardous Substances" are used in their very broadest sense ann includp. without limitation any and all hn7ardous or toxic
<br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and nsbestos.
<br />
<br />Improvements. The word "Improvements" means all existing ann future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />
<br />Indebtedness. The word "Indebtedness" means all principal, interest, ann other amounts, costs and expenses payahle under the
<br />Credit Agmement or RelMen Documents, together with all renewals of, extensions of, modifications of, consolidations of and
<br />substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge
<br />Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together
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