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Loan No: 810088
<br />DEED OF TRUST 2o i o o s 4 i�
<br />(Contlnued) Page 6
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, 7rustar
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than one Trustor, any natice given by Lender tn any Trustor is deamed to be notice given to all Trustors.
<br />MISCELLANEOUS PFipVISIONS. The following miscellaneous provisions are a part of this beed of Trust:
<br />Amendments. This bead of Trust, together with any Related Documents, constitutes the entire understanding and agreement nf the
<br />parties as to the matters set forth in this Deed of Trust. No elteration of or amendment to this Deed of Trust shall 6e effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound 6y the alteration or amendment.
<br />Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon reques#, a
<br />certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as
<br />Lender shall requira. "Net aperating income" shall mean sll cash receipts fram the Prnperty less all cash expenditures made in
<br />connection with tha operation of the Property.
<br />Caption Headings. Caption headings in this Deed af Trust are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Desd of Trust.
<br />Merger. There shall be no marger of the intarast or estate created by this Deed of Trust with any other interest or estate in the
<br />Property et eny time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Governing Law. This deed af Trust will be gvverned by federsl law applicahle tp Lender and, tv tha extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts af law pravisions. This beed nf Trust has been accepted 6y
<br />Lender in the State of Ne6reska.
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations af Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. 7his means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have weived any rights under this Deed of Trust unless such waiver is given in
<br />writing and signed by Lender. No delay or omission on the part af Lender in exercising eny right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any ather provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course nf dealing between Lender and Trustor, shall constitute a waiver nf any of Lender's rights or of any ot
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br />of such consent by Lender in any instance shall not constitute cnntinuing consent to subsequent instances where such consent is
<br />required and in ell cases such consent may ba granted or withheld in the sale discretion of Lender.
<br />Severability. If s court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as tn
<br />any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person
<br />or circumstance. If feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considerad deleted from this Deed of 7rust. Unless otharwise required by
<br />law, the illegality, invalidity, or unenforceability of any provision of this beed of Trust shall not affect the legality, validity or
<br />enforceability of any other provisinn of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of 7rust on transfer of Trustor's interest, this Deed vf Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property 6ecomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of fnrbearance 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. 7ima is of the essence in the performance af this Deed of Trust.
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any aation, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />W�iver of Womestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of 7rust.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, ell references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Equitabla Bank, and its successors and assigns.
<br />Borrower. The word "Borrower" means DANNY KUNZE and SUSAN M KUNZE and includes all co-signers and co-makers signing the
<br />Note and all their successors and assigns.
<br />Deed nf Trust. The words "Deed vf Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions ralating to the Persanal Property and Rents.
<br />Default. The word "Default" means the Default set forth in this Deed vf Trust in the section titled "Default",
<br />Environmental I.aws. The words "�nvironmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection af human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensativn, and Lia6ility Act af 1980, as amended, 42 U.S.C. Section 96D1, et seq. ("CERCLA"1, the Superfund
<br />Amendments and Reauthorization Act of 19$6, Pub. L. No. 99-499 1"SARA"1, the Hazardous Materials Transportatinn 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 />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of 1"rust in the events of
<br />default section of this Dead of Trust.
<br />Existing Indebtedness. 'fhe words "Existing Indebtadness" mean the indebtedness described in the Existing Liens provision af this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" mesns the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty af all or part of the Note.
<br />F#azerdous Suhstances. 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 hazerd to human health or the environment
<br />when improperly used, treated, storad, disposed of, generated, manufactured, transported or otherwise handled. 7he words
<br />"Hazardous 5ubstances" 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 nr listed under the Environmental Laws. The term "Mazardous Substences" also
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvemants" means all existing and future improvements, buildings, structures, mo6ile homes affixed on
<br />the Real Property, facilities, additions, replacements and other constructinn on thB Real Property.
<br />Indebtedness. The ward "Indabtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Ralated pocuments, together with all renewals of, extensivns of, modificativns of, consolidativns of and substitutions for the Note
<br />or Related bocuments and any amounts expended or advancad by Lender to discharge Trustor's o6ligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligat'inns under this beed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. 5pecifically, without limitation, Inde6tedness includes the future advances set forth in the Future Advances provision,
<br />tvgether with all interest thereon and all amounts that may be indirectly secured by the Cros��o�lat�r�laz�fio� pJ'ov�sion of this Deed
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