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Lnan No: 808342 D � Co � nued) 2 010 0 S 5 9 0 page 6
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes vnly and are not to 6e used to interpret or
<br />define the provisionx of this beed of Trust.
<br />Merger. There shall be no merger of the interest or estete 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 Daed of Trust will be governed 6y federal law applicabla to Lender and, to the extent not preempted by federal
<br />law, tha laws of the State of Nebraska without regerd to its conflicts of law provisions. This Deed af Trust has been accepted by
<br />Lenderinthe State of Nebraska.
<br />Choice af Venue. If thera is a lawsuit, Trustor agrees upnn Lender's request to submit to the jurisdiction of the courts of Hall Gounty,
<br />State of Nebraska.
<br />Joint and 5everal Liability. All p6ligations of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />raferences to Trustor shall mean each and every Trustar, and all references to Borrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust.
<br />No Waiver hy Lender. Trustor understands Lender will not give up any vf Lender's rights under this beed of Trust unless Lender 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 Lender
<br />dpes agree 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 �eed of Trust. Trustor also understands that if Lender does consent to a request, that doss not mean that Trustor will not
<br />have to get Lender's consent again if the situation happens again. ?rustor further understands that just because Lender consents to
<br />one or more of 7rustor's requests, that does not mean Lender will be required to conssnt to any of Trustor's future requests. Trustor
<br />waives presentment, demand far payment, protest, and notice of dishonor.
<br />Severability. If a court flnds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itsslf will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a caurt 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 />Sucaessors and Assigns. Subject to any limitations stated in this I]eed of Trust on transier 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 nwnership of the Property becomes
<br />uested in a person other than 7rustor, Lender, without notice to Trustor, may deal with 7rustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way vf fnrbearance or extension without releasing Trustor from the obligations of this Deed of
<br />Trust nr lia6ility under the Indebtedness.
<br />time is af 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 heraby waive the righ# to any jury trial in any action, procaading, or counterclaim hrought
<br />by any party against any ather party.
<br />Waiver of Homestead 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 Trust.
<br />pEFINITIONS. 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 and assigns.
<br />Borrower. The word "Rorrvwsr" means DONAL� E KRAUSS and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<br />Deed vf Trust. The words "Deed of TrusY' mean this beed of Trust amang Trustor, Lender, and Trustee, 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 state, federal and Ivcal statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, the Superfund
<br />Amendments end Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Wazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 69Q1, et seq., or other applicable state or
<br />federal laws, rulas, or regulations adopted pursuent thereto.
<br />Event nf Default. The words "Event of Pefault" mean any ot the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Existing Indebtednass. The wards "�xisting Inde6tedness" mean the indebtedness described in the Existing Liens provision of this
<br />Deed of Trust.
<br />Guaranty. The word "Guaranty" means tha guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part nf the Nvta.
<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 environment
<br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words
<br />"Wazardous 5ubstances" ara used in their very broadest sense and include without limitation any and all hazardous or toxic
<br />substences, materials or waste as defined by ar listed under the Environmental Lews. The term "Hazardnus Substances" alsa
<br />includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Prvperty, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtadness. 7he word "Indebtedness" means all principal, interest, and other amounts, casts and expenses payable under the Note
<br />or Ralated Documents, together with all renewals of, extensions of, modiFications of, consolidations nf and substitutions for the Note
<br />or Related Documents and any amvunts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust.
<br />Lender. The word "Lender" means Equitable Bank, its successvrs and assigns. The words "successors or assigns" mean any person
<br />or cvmpany that acquires any interest in the Note.
<br />Note. The word "Note" means the promissory note dated November 10, 2010, Ilt the Origin8l principal amount Of
<br />$1 ��,QOO.Od from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. The maturity date af this Deed of Trust is December 1,
<br />2011.
<br />Personal Praperty. 7he words "Personal Property" mesn all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned 6y 7rustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements af, and sll substitutions for, any af such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means callectively the Real I'rnperty and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust,
<br />Relatad Documents. The words "Related Doauments" mean all promissory notes, credit agreements, loan agreements, environmentsl
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, protits, and other benefits derived
<br />from the Property. . , , ,
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