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201206278
<br /> DEED OF TRl�ST
<br /> Loan No: 872058675 (Continued) Page 6
<br /> preparing and filing a map or plat of the Real Proper[y, 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 /> subordination or other agreement affecting this Deed of Trusi or the interest of Lender under this Deed of Trust.
<br /> Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addifion to the rights
<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 full extent provided by applicabie law.
<br /> Successor Trustee. Lender,at Lender's option,may from time to flme appoint a successor Trustee to any Trustee
<br /> � appointe�d under this Deed of Trust 6y an instrument executed and acknowletlged hy Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The insirument shall contain,in addition to all other
<br /> matters required by state law, the names of the original Lentler, 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 instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The s��uccessor S�ustee,without conveyance of the Property,shall succeed to all the
<br /> title,power,antl duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> substitution of Trustee shall govem to the exclusion of all other provisions for subsiitution.
<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 telefaesimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,o�r,if
<br /> mailed,when deposited in the United States mail,as fiirst dass,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of tRis Deed of Trust. All copies ofi notices of fo�edosure 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 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 agrees to keep Lender iqformed 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 Trusto�'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 or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated 6y 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 provisio�s of this Deed of Trust.
<br /> Merger. There shall be no merger of the interest or estate created by this 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 /> ofi Lender.
<br /> Goveming Law. This Deed of Trust will be governed by federel law applicable to Lendei and,to the extent 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 StaYe of Nebreska.
<br /> Choice of Ve�ue. lf there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> cour[s of Hall Co�unty,State of Nebreska. ,
<br /> Joirrt and Several Liability. All o6ligations of Borrower and Trustor�nder this Deed of Trust shall 6e joint and
<br /> several,and all references to Trustor shall me8n each and every T�ustor,and all references to Borrower shall mean
<br /> eacFi 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 righis 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 Lentler 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. Trusmr 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 TrustoPs future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> SeveFability. If a court finds that any provision of tliis 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 une�forceable.
<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,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 TPustor from the obiigations 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 righY to any jury trial in any action,proceeding,or
<br /> courrterclaim 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 io all I�debtedness 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"mea�s Equitable Bank,and its successors and assigns.
<br /> Borrowea The word "Borrower" means JAMES A CAMPLIN and JESSICA GAMPLIN and includes all co-signers
<br /> and co-makers signing the Gredit Agreement and all their successors and assigns.
<br /> Credit AgreemeM. The words"Credit Agreement"mean the credit agreement dated July 23,2012,with credit
<br /> IlRllt Of $8,600.00 from Borrower to Lender,together with all renewals of,extensions of, modifications of,
<br /> refinancings of,consolidations of,and substitutions far the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is July 23,2017.NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE
<br /> INTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without Iimitation all assignment and securizy inierest provisions relating to the Personal Property and
<br /> Rents.
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