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� 201108095
<br /> DEED OF TRUST
<br /> Loan IVo: 10000312 (Continued) Page 6
<br /> and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to
<br /> foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the fuil extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under tkis Deed of Trusi by an instrumenY executed and acknowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee�and the insirument shall be executed and acknowledged by ail the beneficiaries under this�eed oi Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required to be given under ihis Deed of Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effecTive when actually delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law1,when deposited with a nationa4ly tecognizetl overnight courier,or,if
<br /> mailed,when deposited in the Unitetl States mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies ofi notices of foreclosure from the holder of
<br /> any lien which has priortty over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of
<br /> this Deed o�Trust Any person may change his or her address fot notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law,if there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous 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
<br /> with Lender concerning the matters covered by this Deed of Trust. To be effective, any change ot amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever wili be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in tfiis Deed of Trust are for convenie�ce purposes only and are not to be
<br /> � used ta interpret or define the provisions of this Deed of Trusi.
<br /> Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest oi
<br /> estate in the Property at any time held by or for ihe banefit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust wi0 be go�erned by federal law applicable to Lender and,to the e#errt not
<br /> preempted by federal law,the laws of ihe State of Nebraslca without regard to its conflicts of law provisions. This
<br /> Deed�of Trust has been accepted 6y Lender in the State of Nebraska.
<br /> Choice of Venue.. If there is a lawsuit,Trustor agtees upon Lentler's request to submit to the jurisdicUOn of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each a�d every Trus�ror. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lendea Trustor understands Lender wi�ll not give up any of Lentler's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delaVS or omits to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean Trustor will not have to comply with the other provisions of[his �eed of Trust. Trusto�also undersTands
<br /> that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests,Zha[does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> SeveraboGty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> eoforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforoeable.
<br /> Successors arid Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this�Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way offorbearance or
<br /> e�ension tivithout releasing Trustor from the obligaxioos of this Deed of Trust or liability u�der the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of tliis 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
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor here6y rele.ases and waives all rights and benefits of the homestead
<br /> ezemption laws of the 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 and assigns.
<br /> Borrower. The word"Borrower"means ROBERT J TESMER and EILEEN B TESMER 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 TrusY' mean this Deed of Trust among Trustor, Lender; and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Ren[s.
<br /> EnvironmenYal Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, inciuding without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub. L.
<br /> No.99-499�"SARA"1,the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> orregulations adopied pursuant thereto.
<br /> Event of Default. The words"Event of Default"mean any of the events of default set forth in fhis Deed of Trust in
<br /> the events of defauR section of tFris Deed ofi Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
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