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<br /> DEED OF rRusr 201004949 r
<br /> Loan No: 872058011 (Continued) page a
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<br /> searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and
<br /> fees for the Trustee, to the extent. permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums
<br /> provided by law.
<br /> Rights of Trustee. Trustee shall have all of the rights and duties of Lender as sel: for lh in this somion.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers anti obligations of 'Trustee are part of this
<br /> Deed of Trust:
<br /> Powers of Trustee, In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following
<br /> actions with respect to the Property upon the writaert request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br /> the Real Property, including the dedication of streets or other rights Lu the public; (h) join in granting any easement or creating any
<br /> restriction on the Real Property; and (c1 join in any subordination or other agreornent affertinq this Deed of Trust or the interest of
<br /> Lender under this Deed of Trust.
<br /> Trustee. Trustee shrill meet all cruelificabons„ [egUired, for `trustee udder applicable law. In addition to the rights and remedies set
<br /> forth above, with respect to ell g Q;tW.-Tyrify vf, (It f'Almifly, the 'I rustee shall have the right to fotecdose by notice and sale, and Lender
<br /> will have the right to fore 5 t udittr 1 tnrn9lt Uro HZ6- either rase in accordan;e with and to the full extent provided by applicable
<br /> law. r..
<br /> Successor Trustee I.enoeil!,190 ly rw n, may from time to time appoint a successor Trustee to any "Trustee appointed under
<br /> this Deed of Trust tV_Aw4r lmont executed and acknowledged by Lender and recorded in the office of the recorder of I IALL County,
<br /> State of Nebraska. The instrument shall contain, in addition to all Other matters required by State law, the names of ill(, original
<br /> Lender, Trustee, and Trustor, the hook anri page (or computer system reference) where this Deed of Trust is recorded, and the name
<br /> and address of the successor trustee, and the instrumont shall he executed and acknowledged by all the beneficiaries under this Deed
<br /> of Trust or their successors in interest, The Successor trustee, without conveyance of the Properly, shall succeed to all the title,
<br /> power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. this procedure for substitution of trustee
<br /> shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be. given under this Deed of Trust, irrrauding without limitation any notice of default and any notice of
<br /> sale shall be given in writing, and shall he effective when ar.lually delivered, when actually received by telefacsimile (unless otherwise
<br /> required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United Stales mail, as
<br /> first class, certifiers or registered mail posit ge, prepaid, directed to the, addresses shown near Iho beginning of this Deed of Trust. All
<br /> copies of notices of foreclosure from the holdor of any lien which has priority over this Heed of Trust shall he sent to I,eridor's address, as
<br /> shown near the beginning of this Deed of Trust. Any person may t:hartge his or her address for notices under this Dood of Trust by giving
<br /> formal written notice to the other person or persons, specifying that the purpose of the notice is to rhnnge the person's acddiess. I'Or
<br /> notice purposes, Trustor agrees to keep Lender informed at alt times of 'Imstor'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 Truslors. It will be,
<br /> Trustur's responsibility to tell the others of the notice iron, I.e.ncder.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of
<br /> Amendments. What is written in this Deed of 'Trust and in tfte Related Documents is TrL,istor's entire agreement Willi Lender
<br /> concerning the matters covered by this Deed of 'T'rust. To he offeci:ive, any change or amendment to this Deed of Trust must be in
<br /> writing and must be Signed by whoever will he bound or obligated by the change or arnendrnent.
<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 Deers 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 estate in 1:he
<br /> Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicable to tender and, to tide extent riot preOlnptod 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 /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to tide jurisdiction of the courts of Hall County,
<br /> State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall he joint and several, and all references to Trustor
<br /> shall mean each aril every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lendaf'S rights wader' this Deed of trust Unless Lender does
<br /> so in writing. The fart diet Lender delays or Omits to exercise any right will riot mean that Lenrler has given up that right. If Lender
<br /> does agree in writing to give up one of Lender's rights, that does not rrmnn "Lr'ustor will not have to comply with the other provisions
<br /> of this Deed of -[rust. Trustor also understands that if Lender does rnnsent to n regUeSt, that dons riot mean that Trustor will not
<br /> have to get Lender's consent again if the situation happens again. TruSlor further uncderSIOnds diaL just because Lender consents to
<br /> one or more of TwStor's requests, that does not rnean Lender will be required to C.Onserrl to arty of T rumor's future request S. Trustor
<br /> waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of 'I asst is not valid or should not he onforced, that fact I:ry itself will not
<br /> mean that the rest of this Deed of Trust will not be valid or enforced. 'I herefore, a court will enforce the rest of the provisions of this
<br /> Deed of Trust even if a provision of this Deed of Trust n'ray be found to he invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust ors transfer of Trustor's interest, this Deed of Trust
<br /> shall be binding upon and inure to the benefit of the parties, their successors and assigns, If ownership of the Property becomes
<br /> vest:ed in a porson other than Trustor, Lender, without notice to Trustor, may (real with Trustor's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br /> Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Tirne is of the essence in lice pcsrforrrrence of this Deed of Trust.
<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 /> Waiver of Homestead Exemption. Truster hereby releases and waives ndl rights anti benefits of flue homestead exemption laws of the..
<br /> State of Nebraska as to all Indebtedness secured by this Deed of Trust:.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of "I rust:
<br /> Beneficiary. The word "Beneficiary" means Equitable. Rank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means DAN A f3ROSZ. and NANCY E BROSZ and includes all co signers and co-makers sinning the
<br /> Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean tile. credit agreement dated July Li, 2010, With credit limit of
<br /> $50,000.00 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 rrtatmity dale of this Deed of 1'rust is July 8, 2015, NOTICE I'D
<br /> TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIAHLF INTEREST RATE.
<br /> Deed of Trust. The, words "Deed of Trust" mean This Deed of Trust altlonJ Trustor, Lender, and TrUSMO, and includes without
<br /> limitation all assignment and security interest provisions relating to the Personal Property and Rents,
<br /> Environmental Laws. -The words "Environmental Laws" mean any and all stale, federal and local statutes, regulations and ordinances
<br /> relating to the protection of human health or the environrncmt, incluc.lirtg without limitation the Contprc:hensive Environmental
<br /> Response, Compensation, and Liability Art of 1980, as amended, 42 11.S-C. Section 9601, et seq. ("CERCL.A"), the Superfund
<br /> Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Trull portation Act, 49 U.S.C.
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