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201108714
<br /> DEED OF TRUST
<br /> Loan No: 572058407 (Continued) Page 6
<br /> NOTICES. Any notice required to be given under this Deed of Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall 6e effective when actually delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United 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. AIl copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of T�ust shall be sent to Lender's address,as shown near the beginning of
<br /> this Deed of Trust. Any petson may change his or her address for 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�qrees 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 6e novice given to all Trustors. It will be Trustor's�esponsibility 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 aod in the Related Documents is Trustor's entire agreement
<br /> with Lender conceming the matters covered by Yhis Deed of Trust To be effective,any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate createtl by ihis Deed of Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will 6e governed 6y federal law applocable to Lender and,to the extent not
<br /> preempted by federel{aw,the Iaws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> �- Deed of Trast has been actepted by Lender in the Staie of Nebraska.
<br /> Choice of Venue. ff there is a lawsuit,Trustor agrees upon Lender's request to submit to the juristliction of the
<br /> courts of Hall County,State of Nebraska. .
<br /> Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and all re€erences to Trustor shall mean each and every Trustor,and atl references to Bortower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsi6le for all obligations in this Deed
<br /> of Trust. � �
<br /> No Waiver hy Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays 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 this Deed of Trust. Trustor 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,that does not mean Lender will be required to consent to any of Trustor's future requesis.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. 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 wiil not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce 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 unenforceable.
<br /> Successors and 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,theit 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 6y way offorbearance or
<br /> e�ctension without reteasing Trustor from the obligations of this Deed of 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. All parties to this Deed of TeuSY 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 hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as.to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the foltowi�g meanings when used in this Deetl of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means MICHAEL L ANDERSON and REBECCA LK ANDERSON and includes all
<br /> co-signers and co-makers signing the Credit Agreement and all their successors and assigns.
<br /> . Credit Agreement. The words "Credit Agreement" mean the credit agreement dated November 15, 2011. With
<br /> CrBdit Ii�Yllt of $12,000.00 from Borrower to Lender, together with all renewals of, extensions of,
<br /> modifications of,refinancings of,consolidations of, and substitutions for the promissory note or agreement. The
<br /> maturity date of this Deed of Trust is November 15, 2016. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT
<br /> CONTAINS A VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed ofi Trust" mean this Deed of Trust among Trustor, Lender, antl Trustee, and
<br /> i.ncludes without limitation all assignment and security interest provisions re4ating to ttie Personal Property and
<br /> Rents.
<br /> Ernironmental 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, inclutling without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Lia��bility Act of 198Q as amended,42
<br /> U.S.C.Section 9601,et seq. �"CERCLA"1,the Superfund Amendments and Reauthorization Act of 1986,Pub. L.
<br /> No.99-499("SARA"),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 fi901,et seq., or other applicable state or federel laws,rules,
<br /> or regulations adopted pursuantthereto.
<br /> Event of Default. The words"Event of Default"mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Hazardaus Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or phygical,chemical or infectious characteristics, may cause or pose a present or poteniial hazartl
<br /> to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,
<br /> transported or otherwise handled. The words "Hazardous Substances"are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
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