|
201200523
<br /> DEED OF TRUST
<br /> Loan No: 10001293 (�Ontinued) Page 6
<br /> take the following actions with respect to the Proper[y upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or plat of the Real Property,indudi:ng the dedication of streets or other rights to the
<br /> public; (b)join in gra�ting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subordination or other agreement affecting this Deed of Trust or Yhe interest of Lender under tFiis Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all or any part of the PropeYty,the Trustee shail have the right to
<br /> foredose 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 full extent provided by applicable law.
<br /> Successor Trustee. Lender,at LendePS option,may from time to time appoint a successor Trustee to any Trustee
<br /> appoi�ted under this Deed of Trust 6y an instrument executed and acknowledged by Lender and tecorded in the
<br /> office of the rewrder 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 Trast is recorded, and the name and address of the sticcessor
<br /> trustee,and the instrume�t shali be executed and acknowledged by aii tNe beneficiaries under this Deed of Trust or
<br /> their successo�s in interest. The successot trusTee,without conveyance of the Property,shall succeed to all the
<br /> title,power,and duties conferred upon the Trustee i�this Deed of Trust and by applicable law. This piocedure for
<br /> subsiitution of Trustee shail govem to the exclusion of all other proviaions fior substitution.
<br /> NOTICES. Any notice required to be given under this Deed of Trust,inclutling without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shali be effeciive when actually delivered,when actually received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized ove�night courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registeretl mail postage prepaid,directed to
<br /> the add�esses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holdeY of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of �
<br /> this Deed of Trust. Any person may change his or her add�ess 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 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 /> wiih Lender concerning the matters 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 6e signed by whoever will be bound or obligated by the change oc
<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 provisians of this Deed of Trust. �
<br /> � Merger. There shall be no merger of th2 interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Property at any time heid by o�fot the benefit ofi Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Ttust will be governed by federal law applicable to Lender and,to the extent not
<br /> preempted by federal law.the laws of the State of Nebraska without regard to its cotrHicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State of Nebraska.
<br /> Chaice 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 Liability. All o6ligations of Trustor under this Deed of Trust shall.be joint and several, and all
<br /> references to Trustor shall mean each antl every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligafions 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 Trustor 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 daes not mean Lender will be requi�ed 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 provision of this Deed of Trust is not valid or should noY be enforced,that
<br /> fact by itself will not rnean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> errforce 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 Trusmr's interest,
<br /> this Deed of Trust sliall 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�eed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing 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 Trust hereby waive the right to any jury trial in any action,proceeding,or
<br /> counterciaim brought by any party against any oYher 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 foilowing meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.�
<br /> Borrower. The wo�d "Borrower" means DARREN C A�AMS and CHARITY L ADAMS and inciudes all co-signers
<br /> and co-makers signing the Note and all thelr successors and assigns. �
<br /> Deetl of Trust. The words "Deed of Trust" 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 /> Rents.
<br /> Environmental Laws. The words "EnvironmeMal Laws" mean any and all state, federal and local statutes,
<br /> � regulations and ordinances relating to the protection of human health or the environment, including without
<br /> fimitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980, as amended,42
<br /> US.C.Section 9601,et seq. (°CERCLA"),the Superfund Amendments and Reauthorization Act of 1�986,Pub. L.
<br /> No.93-499 I"SARA"),the Hazatdous Materials Transportation Act,49 U.S.C.Seciion 1801,�et seq.,the Resource
<br />
|