|
� 201109871
<br /> DEED OF TRUST
<br /> Loan No: 90000956 (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 fioreclose by judicial foreclosu�e, in either case in
<br /> accordance with and to the full extent provided by applicable law.
<br /> Successor Trustee. Lender,at Lender`s option,may from time to time appoint a successor Trusiee to any Trustee
<br /> appointed untler this Deed of Trust by an insvument executed and acknowledged by Lender and recordetl 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 refierence)where this Deed of Trust is recorded, and the name and address of the successor
<br /> Yrustee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successots in interest. The successar 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 this 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 lunless 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 Gass,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning ofi
<br /> this Deed of Trust. Any person may change his or her adtlress 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 no[ice 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 e�Tire agreement
<br /> with Le�der concerning the mztters covered by this 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 /> . amend�ment.
<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 created by this Deetl of Trust with any other interest or
<br /> estate in the Property at any time Beld 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 be governed by federal law applicable to Lender and.to the eztent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts o#law provisions. This
<br /> Deed of Trust has been accepted by Lendet in 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
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Lia6ility. All obligations of Trustor under this Deed of Trust shall Be joint and several,and ail
<br /> references to Trustor shall mean each and every Trustor. This means ihat each Trus'tor signing below is �
<br /> responsible for all o6ligations in this Deed of Trust.
<br /> No Waiver by 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 Trusior will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just 6ecause 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 requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> � Severability. If a court finds that any provisian of this Deed of TrusYis 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 /> 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. Su6ject 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 of forbeatance or
<br /> � extension without releasing Trustor from the ohligations of this Deed of Trust or lia6ility undeF 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 Trust hereby waive the right to any jury trial in any action,proceeding,or .
<br /> couMerdaim 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 ofi Nebraska as to all Indebtedness secured by this Deed of Trusc.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Bene£ciary. The word"Beneficiary"means Equitable Bank,antl its successors and assigns.
<br /> Borrower. The word "Borrower"means JEFFREY L DOBBINS and JANET A DOBBINS and includes all co-signers
<br /> and co-makers signing the Note and ali their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> indudes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, fiederal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including 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 7986, Pub.L.
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1807,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S:C.Section 6901,et seq.,or other applicable state ot federal laws,rules,
<br /> or regulations adopted pursuant thereto. �
<br /> Event of Default. The words"Event of DefaulY'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 /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
<br />
|