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Loan No: 810151
<br />DEED OF TRUST 2 O�. � O 1�� �
<br />(Cantinued) Page 6
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent nat preernpted by federal
<br />law, the laws of the State of Nebraska without regard to its conilicts of law provisions. This Deed of Trust has been accepted by
<br />Lenderin the State of Nebraska.
<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 of Borrower and Trustor under this Deed of Trust shall be joint and several, and all
<br />references to Trustor shall mean each and every Trustor, and all references to Rorrower shall mean each and every Borrower. This
<br />means that each Trustor signing below is responsible for all obligations in this Deed of Trust. Where any one or rnore of the parties is
<br />a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any ot
<br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made
<br />or created in reliance upon the professed exercise of such powers sf�all be guaranteed under this Deed of Trust.
<br />No Waiver by Lender. Lender shall not be deemed to have waived 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 of Lender in exercising any righY 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 oi Lender's
<br />right otherwise to demand strict compliance with that provision or any otlier provision of this Deed of Trust. No prior waiver by
<br />Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of
<br />Trustor's obligations as to any future transactions. Whenever the consent of Lende� is required under this Deed of Trust, the grantiny
<br />of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
<br />required and in all cases such consent may be grant:ed or withheld in the sole discretion of Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circurnstance. If
<br />feasible, the offending provision shall be co�sidered modiiied so that it becorries legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the
<br />illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall nok affect the legality, validity or enforceability of
<br />any other provision of this Deed of Trust.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on 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 />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to thiis
<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. Time is of the essence in the performance of this Deed of Trust.
<br />Waive Jury. A!I 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 hornestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The followiny capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
<br />specifically stated to the contrary, all references to dollar amounts sl�all rnean 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 si�gular, as the rontext may require. Words
<br />and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terrns in the Uniform Commercial Code:
<br />Beneficiary. The word "Beneficiary" means Equitable Bank, 2nd its successors and assigns.
<br />Borrower. The word "Borrower" means LBE FAMILY LIMITED PARTNERSHfP and LONNIE D. DAVIS and includes all co-signers and
<br />co-makers signing the Note and all their successors and assigns.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, ancl Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Default. The word °Defauit" means the Default set forth in this Deed of Trust in the section titled "DefaulY'.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and lor,al statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Cornprehensive Fnvironmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"1, 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 Conserv�tion and Recovery Act, 42 U.S.C. Section 6907, et seq., or other applicable state or
<br />federal laws, rules, or regulations adopied pursuant ttiereto.
<br />Event of Defautt. The words "Event of Default" mean any of ttie events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word °Guaranty" means the guaranty from guarantor, endorser, surety, or ar,commodaYion party to Lender, includiny
<br />without limitation a guaranty of all or part of the Note.
<br />Hazardous Substances, The words "Hazardous Substances" mean materials that, because of their quantity, cvncentration 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, manuiactured, transported or otherwise handlecl. The words
<br />"Hazardous Substances" are used in their very broadest sense and 'mctude wrthout limitation any and all hazardous or toxic
<br />substances, materials or waste as defined by or listed under ihe Environmental Laws. The term "Hazardous Substances" also
<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 afPixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and othe! amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated February 23, 2011, 111 th10 original principal amaunt Of
<br />$773 ,139.67 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. NOTICE TO TRUSTOR: THE NOTE CONTAINS A
<br />VARIABl.E INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of 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 collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in tfiis Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreernents, environmental
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