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201206456
<br /> DEED OF TRUST
<br /> Loan No: 872058683 (COr�tinued) Page 6
<br /> NOTICES. Any notice reqaired 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 sfi.ail 6e effective when actually delivered,when actuaily received
<br /> by telefacsimile funless otherwise required by law),whe�deposited with a nationally recognized overnight courier,ot,if
<br /> mailed,when deposited in the United States mail,as first dass,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of this Deed of Trus'[.. All copies of notices ofi fnreclosure from the holdet of
<br /> any lien which has priority over this Deed of Trust shall be sent Yo 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 noti�ce pu�poses,Trustor agrees to keep Lender informed at all times of Trustor's cvrrent address. Unless
<br /> oYherwise provided or required tiy 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 wiil be Trustor's responsibility to tell the others of the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisio�s 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 conceming the matters covered by this Deed of Trust. To be effective,any change or amendmeM 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 created by this Deed of Trust with any other interest or
<br /> estate in the Propetty at any time held by or for the benefit of Lender irt any capacity,without the written consent
<br /> of Lender. . .
<br /> Goveming Law. This Deed of Trust will be governed hy federal law applicable to Lender and,to the extent not
<br /> preempted by federal law,the iaws of the State of Nebraska wRhout regard to its conflicts of faw provisions. This
<br /> Deed of Trust has beea accepted by Lender in the State of Nebreska.
<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 Liability. Afl obligations of Borrower and Trustor under tFiis Deed of Trust shall be joint and
<br /> several,and all references to Trustor shall mean each and every Trustor,and all references to Borrower shall�mean
<br /> each and every Borrower. This means that each Trustor signing 6elow is responsible for all obligations in this Deed
<br /> of Trust.
<br /> No Wai�er by Lender. Trustor understands Lender will not give up any of LentlePs rights under this Deetl 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 noY 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 underssands 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 requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severahility. 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 he 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 upoo and inute 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 no[ice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearence or
<br /> ex4ension without releasing Trustor from the obligafions 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 /> counterclaim 6rought by any party against any other party.
<br /> Waiver of Homestead F�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to ail Indebtedness secured by this Deed of Trust.
<br /> DEFINITIQNS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary: The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means JOSE L FLORES and MARY M FLORES and includes all co-signers and
<br /> co-makers signing the Gredit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words"Credit Agreement"mean the credit agreement dated July 30,2012,With Credit
<br /> limit of $40,000.00 from Borrower to Lender,together with all renewals of,e�ctensions of,modifications of,
<br /> refiriancings of, consolidations of,and substitutions for the promissory note or agreement... The maturity date of
<br /> this Deed of Trust is July 30�,2015.
<br /> Deed of Trust. The words "Deed of TrusY' mean this D�eed of Trust among Trustor, Le�der, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Emiironmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of liuman health or the environment, induding without
<br /> limitation the Comprehensive Enviro�mental Response, Compensation;and Liability Act of 1980,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("SAR.4"),the Hazardous Materials Transportation Act,49 U.S.C.Section 7801,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or regulations adoptad pursuant the�eto.
<br /> Event of Defauk. The words"Event of Defauk"mean any of the events af default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Ttust.
<br /> Hazardous Substances. The wortls "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemicai or infectious characteristics,may cause or pose a present or potential hazard
<br /> to human heahh or the environment when improperly used,treated,stored,tlisposed 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 su6stances, materials or waste as defined by or listed
<br /> under the Environmental Laws. The term"Hazatdous Substances"also includes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
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