|
201207795
<br /> DEED OF TFiUST
<br /> Loan No: 872058763 (COntinued) Page 6
<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 successor 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 shali govern to the exdusion of all other provisions for substitution.
<br /> NOTICES. Any notice required 'to be given under this Deed of Trust, including without li�mitation 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 telefiacsimile (unless otherwise required by Iaw), when deposited with a rtationally 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 addresses shown near the beginning of this Deed of Trust. AII copies of notices of fioreclosure from the holder of
<br /> any lien whi:cn 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 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 pari of this Deed of Trust:
<br /> Amendments. What is written in tnis 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 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 a:ny other interest or
<br /> estate in the Property at any time held by or fior 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 e�ctent 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. ff there is a IawsuiY, Trustor agrees upon Lender's request to submiT to the jurisdiction of the
<br /> courts of HaII�County, State of Nebraska.
<br /> Joint and Several Liability. All obligations of Trustor under this Deed ofi Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is
<br /> responsible for all obligations in this Deed of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any ofi 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 ag�ee in writing to give up one of Lender's rights, that does not
<br /> mean Trustor will not have to comply witn the other provisions of this Deed of Trust. T�ustor also understands
<br /> that if Lender does consent to a �equest, that does not mean that Trustor will not have to get Lender's conse�nt
<br /> again if the situation happens again. Trustor 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 eonsent 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 ofi this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself will not rnean that the rest ofi this Deed.of Trust will not be valid or enforced. Therefore, a court will
<br /> enfo�ce the rest of the provisions of ihis 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 ihis Deed of Trust on transfe�of Trustor's interest,
<br /> this Deed of Trust snall 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 Trustoc, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebted�ness by way of forbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness..
<br /> Teme is of the Essence. Time is ofi 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 /> counferclaim 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 to aIl Indebtedness 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" means Equitable Bank, and its successors and assigns�.
<br /> Borrower. The word "Borrower" means RONALD L ZOOK and FRANCENE K ZOOK and includes all co-signers and
<br /> co-makers signing the Credit Agreement and all iheir successors and assigns.
<br /> Credit Agreement. The words "Credit Ag�reement" mean the credit agreement dated September '14, 2012, WIYh
<br /> c�edit linmit of $15,000.00 firom Trustor to Lender,together with all renewals of,extensions of, modifications
<br /> of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is September 14, 20"17. NOTICE TO TRUSTOR.= THE CREDIT AGREEMENT CONTAWS A
<br /> VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed of TrusY' 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 "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulaYions and ordinances relating to the protection of human heakh or the environment, including without
<br /> limitation fhe 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 "1986, Pub. L.
<br /> No. 99-499 ("SARA"1,the Hazardous Materials Transportation Act,49 U.S.C. Section '1801,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 adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events ofi default section of ihis Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existi.ng Liens
<br /> provision of this Deed of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br />
|