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<br /> DEED OF TRUST 20100788","
<br /> Loan -io: 872058095 (Continued) Page 5
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<br /> Successor Trustee. Lender, at Lender's option, may front time to time appoint a successur Trustee to any Trustee appointed under
<br /> this Deed of Trust by an instrument executed and acknowledged by Lander arts] recorded in Iite office of the recorder of HALL County,
<br /> State of Nebraska. The instrument shall contain, in addition to all other inatters required by state law, (Ito names of tilt: original
<br /> Lender, trus[ee, and Trustor, the book and page for computer system reference) where this Deed Of ']'rust is recorded, and the name
<br /> and address of the successor trustee, and the instrument shall be executed and acknowledged by all the borreficiaries under this Deed
<br /> of Trust or their successors in inteiesr. The SUCCeSSOr trustee, without conveyance of the Property, shall Succeed to all the title,
<br /> power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 1 his 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, including without limitation any notice of default and any notice of
<br /> sale shall be given in writing, and shall be effective when actually delivered, when actually received by tolofacsirile (unless otherwise
<br /> required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States rail, as
<br /> first class, certified or registered mail postage prepaid, directed to [he addresses shown near the beginning of this Deed of TrusL. 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 Lender's address, as
<br /> shown near the beginning of this Deed of Trust. Any person may change his of her address for notices under this Deed of Trust by giving
<br /> formal written notice to the other person or persons, specifying ilia( the purpose of the notice is to change the person's address. For
<br /> notice purposes, Trustor agrees to keep Lender informed at all times of Trustor'S current address. Unless otherwise provided or required
<br /> by law, if there is more than one Truster, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br /> -1 rustor's responsibility to tell the others of the notice front Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneotni provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br /> concerning the matters covered by this Deed of Trust. To be effective, any change or amendment 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 /> 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 Deed 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 the
<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 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 /> Choice of Venue. If there is a lawsuit, Truster agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br /> State of Nebraska.
<br /> No Waiver by Lender. Trustor understands Lender will not give LIP any of Lender's rights under this Deed of Trust unless Lender does
<br /> so in writing. "f tie fact that Lender delays or omits to exercise any right will riot mean that Lender has given up that right. If Lender
<br /> does agree in writing to give up one of Lender's rights, that does not mean Truster will riot 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 riot rnean that Trustor will not
<br /> have to get Lender's consent again if file situation happens again. 'Trustor further understands that just because Lender consents to
<br /> one or more of Trustor's requests, that does not mean Lender will be required to consent to any of Truster's future requests. Trustor
<br /> waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severabiliity. If a court finds that any provision of this.;Qbed of Trust is riot valid or should not be enforced, that fact by itself will not
<br /> mean that the rest of this Dee.d.af "T"rust"wi'lllrio.t be'valid or, enforced. Therefore, a court will enforce the rest of the provisions of this
<br /> Deed of Trust even if a provisigta olbth.is Doed Of'Trxisj 1,1)0.y,; j)e found to be invalid or unenforceable.
<br /> Successors and Assig s. ~b~w Wi qny Iimi ra-s(-r AJ in this Deed of Trust on transfer of Trustor's iriterest, this Deed of Trust
<br /> shall be binding upon nd to tFte'7 nofit of the parties, their Successors and assigns. If ownership of the Property becomes
<br /> vested in a person oth, inn Trustor, Lender, without notice to "Iiustor, may deal with Trustm's successors with reference to this
<br /> Deed of Trust and the Indebtedness by way of forbearance or exletisiori without releasing Trustor from the obligations of this Deed of
<br /> Trust or liability under the Indebtedness.
<br /> Thne is of the Essence. Time is of the essence in the performance 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. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of tfte
<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 Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its Successors arid assigns.
<br /> Borrower. The word "Borrower" means LINDA K LIELZER and includes all co-signers and co makers signing the Credit Agreernent and
<br /> all their successors aril assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated October 18, 2010, With credit limit of
<br /> $ 10,000.00 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 October 18, 2015. NOTICE TO
<br /> TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE,
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Truster, Lender, and Trustee, acid includes without
<br /> limitation all assignment and security interest provisions relating to (lie Personal Property arid Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean arty all(] all state, federal and local stalulos, regulations and ordinances
<br /> relating to the protection of human health or the environment, including WilhoUt limitation the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), tile SUperfund
<br /> Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SAHA"), the Hazardous Materials 'T'r'ansportation Act., 49 [),S.C.
<br /> Section 1801, et seq., the Resource Conservation arc] Recovery Act, 42 U.S.C. Section 6901, of seq., or other applicable State or
<br /> federal laws, rules, or regulations adopted pursuant thereto.
<br /> Event of Default. -The wards "Event of Default" moan any of the events of default set forth in this Deed of Trust in the events of
<br /> default section of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" 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 environrent
<br /> when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise Iinridled. The words
<br /> "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic
<br /> substances, materials or waste as defined by or listed under the Environmental Laws. The terns "I-lazardOUB Substances" also
<br /> includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos,
<br /> Improvements. The word "Improvements" rnearis all existing and future improvements, buildings, structures, mobile homes affixed on
<br /> the Real Property, facilities, additions, replacorneniS and other construction on the Real Property.
<br /> Indebtedness. The word "Indebtedness" rttenns all principal, interest, and other amounts, costs and expenses payable under tfte
<br /> Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of acid
<br /> Substitutions for the Credit Agreernent or Related Documents and any amounts expender.) or advanced by Lender to dischargp.
<br /> Trustor's obligations or expenses incuriod by Trustee or Lender to enforce Tiustor's obligations under this Deer] of Trust, together
<br /> with interest on such amounts as provided in this Deed of Trust,
<br /> Lender. The word "Lender" rnearis Equitable Bank, its successors and assigns. The words "SUCeoS9erS or assigns" mean any person
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