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201201531
<br /> DEED OF TRUST
<br /> Coan No: 872058481 (Continued) Page 6
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to
<br /> take the following actions with respect to tFie Property upon the written request of Lender and Trustor: (a)join in
<br /> preparing and filing a map or plat of the Reai Property, including the dedication of streets or other rights to the
<br /> public; (6) join in granting any easement or creating any restriction on the Real Property; and (c) join in any
<br /> subortlination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applica6le law. In addition to the rights
<br /> and remedies set forth above,with respect to aIl or any part of the Property,the Trustee shall have ihe right to
<br /> foreclose by notice and sale, and Lender will have the right to foreclose 6y judicial foreclosure, in either case in
<br /> accordance with and to the full extent provided by applica6le law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> o�ce of the recorder of HALL County, State of Nebraska. The inst�ument shall contain, in addition to atl other
<br /> matters required 6y state law, the names of the original Lender, Trustee, and Trustor, the 600k and page (or
<br /> computer system refe�rence) where this Deed of Trust is recorded, and the name and address of the successor
<br /> trustee,and the instrument shall be executed and acknowletlged 6y all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successo�trustee,wlthout 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 procetlure for
<br /> substitution of Trustee shall govern to the exclusion of all otlier 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 acivally received
<br /> by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized ovemight 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 atldresses shown near the beginning of this Deed of Trust. Ali copies of noti.ces 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 of
<br /> this Deed of Trust. Any person may change his ot her address for notices under this Deetl 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. li will be Trustor's responsibility to teli the others of the notice from Lender.
<br /> MISCELLANEOUS PROVIS[ONS. The following miscellaneous provisions are a part of this Deetl of Trust:
<br /> Amendments. What is written in this Deed of Ttust 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 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 /> Merget There shall be no merger of the interest or estate created hy this Deed ofi Trust with any other interest or
<br /> estate in the Property at any time held by or for the benefiit of Lender in any capacity,without the written consent
<br /> of Lender.
<br /> Goveming Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the eMent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender 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 /> Joirrt antl Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and all references Yo Trustor shall mean each and every Trustor,and all referenees to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> 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 rhat 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 uoderstands that just because Lender consents to one or more
<br /> of Trustor's requests,that does not mean Lender will be�equired to consent to any of Trustor`s future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severabiiity. 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 /> 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 lim�itations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of T�ust shall be binding upon and inure io 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 forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed o#Trust or liability untler the Inde6tedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. AII 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 releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Intlebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> . Beneiiciary. The word�"Beneficiary"means Et�uitable Bank,and its successo�s and assigns.
<br /> Borrowea The word� "Borrower" means DAVID 0 SOTO artd �ISA M SOTO and includes all co-sigoers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreemsnt. The words "Cretlit Agreement" mean the credit agreemeni dated February 21, 2012,Wlth
<br /> credit IimiY Of $50,040.00 from Borrower to Lender, together with all renewals of, eMensions 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 February 21, 2017. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT
<br /> CONTAINS A VARlABLE INTEREST RATE.
<br /> �eed of Trust. The words "Deed of Trust" meao this Deed of Trust among Trustor,Lender, and Trustee, and
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