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201208582
<br /> DEED OF Tf-�UST
<br /> Loan No: 70004131 (Continued) Page 6
<br /> Trustee. Trustee shall meet all qualifications requited fior Trustee under applicable law. in addition to the rights
<br /> and remedies set #orth above, with respect to all or any part of the Property, 2he Trustee shalf have the right to
<br /> fioreciose 5y notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the fiull extent provided by applicable law.
<br /> Successor i"rustee_ Lender, at Lender's option, may from Yime to iime appoint a successor Trustee to any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acl<nowledged by Lender and recorded in the
<br /> office of the recorder of HALL County, State of Nebrasl<a. The instrument shall contain,_ in addition to all other
<br /> matters required by state law, the names ofi the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and tne name and address of the successor
<br /> trustee, and the instrumeni shall be executed and acknowledged by all the beneficiaries under ihis Deed o�P Trust or
<br /> tneir successors in interest.. The successor trustee, without conveyance of the Property, shail succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure fior
<br /> substitution ofi Trustee shall govern to the exclusion of all other provisions for substitution,
<br /> NOTICES. Any notice required to be given under tnis Deed of Trust, inctudi.ng without limitation any notice ofi default
<br /> and any notice of sale shall be given in writing, and shall be e'Ffective when actually deiivered, when actually received
<br /> oy telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, wher, deposited in the Uniied States mail, as first dass, certi#ied or regis[ered mail postage prepaid, directed to
<br /> Lhe addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder ofi
<br /> any lien which has priority over this Deetl of Trust shall be sent to LendePs address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or her address fior notices under this Deed of Trust by giving formaf
<br /> written notice to the oYher person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor�g.rees to keep Lender informed ai all times of Trustor's current address. Unless
<br /> otherwise provided or require:d 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 ot the notice from Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trusrt:
<br /> Amendments_ What is written in this Deed ofi Trust and in the Related Documents is Trustor's entire agreement
<br /> with Lender concerning the matters covered by this Deed of Tr�st. To be effective, any change or amendment to
<br /> this Deed of Trust must be in writing and must be signed by whoever wi:ll be bound or obligated by the change or
<br /> amendment.
<br /> Caption 9-ieadings. Caption headengs i�n this �eed of Trust are for convenience purposes only and are noi io be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the inte�rest or estate created by this Deed of Trust wiih any otner interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without tlle written consent
<br /> of Lender.
<br /> G.overning Law_ This Deed of Trust will be govemed by fiederal law applicable to Lender and, to Yhe extent not
<br /> preempted by federai law,the laws of the State of Nebrasica wiihout regard to its conflicts ofi law provisions. This
<br /> Deed of Trust nas been accepted by Lender in the State of Nebrasica.
<br /> Choice ofi Venue�. If there is a I.awsuit, Trusto� agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts of Hall County, Sta2e of Nebraska.
<br /> Joint and Several Liability_ All obligations of Truscor under this Deed of Trust shall be joint and several, and all
<br /> references to Trustor shall mean each and every Trustor. 7his means that each Trustor signing below is
<br /> responsibYe fior aii obligati�ons 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 wiil 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 wil:l 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 ifi the situation happens again. TrusYor further u�ntl.erstands that just because Lender consents to one or more
<br /> of Trustor's requests, that does not mean Lende�r will be required to consent to any of Trusto��r's fiuture requests.
<br /> Trustor waives presentment, demand for payment, protest, and notice ofi dishonor. �
<br /> Severability. ft a court Finds that any provision of tnis Deed ofi Trust is not valid or should not be enforced, that
<br /> 'fact by itself will rtot mean that the rest of this Deed of Trust wiil 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 /> inval�id or unenforceable. .
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust o�n transfer of Trustor°s interest,
<br /> this Deed of Trust shal�l be binding upon and inure to the benefit of the parties, tneir successors and assigns. If .
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without noYice to Trustor, may
<br /> deal with Trustor's successors wiCh reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasiny Trustor from the obligations of this Deed of Trust or liability under the Inde6tedness�.
<br /> Time is of the Essence. Time is ofi the essence in ihe performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust here6y waive the right to any jury trlal in any action, proceeding, or
<br /> counYerc9aim brought by any parfy agairnst any other party.
<br /> Vl/aiver of Homestead' Exem�ptlon_ Trustor hereby releases and waives alt righis and benefits of Yhe homestead
<br /> exemptior� laws of the State of Nebrasl<a as to all[ndeotedness secured by tnis Deed of Trust.
<br /> DEFIiVIT{mNS. The following worcYs sha:ll have 4he foliowing meanings when used in tnis Deed of Trusi:
<br /> Benefiiciary, The word "Beneficiary°° means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word °'Borrower'° means DONALD L ARRANTS and MARILYN D ARRANTS and includes all
<br /> co-signers and co-mal<ers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed ofi 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 "Environrnental Laws" mean any and aIl state, federal and local statuYes,
<br /> regulations and ordinan�.ces relating to the protection of human health or the environment, including without
<br /> 9imitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. i"CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ("SARL!"j,the Hazardous Materi�als Transportation Act,49 U.S.G Section '!801, et seq.,the Resource
<br /> Conservation and Recovery Act, a2 U�.S.C. Secxion 6901, et seq., or other applicable state or fiederaf iaws, rules,
<br /> or regulati.ons adopted pursuanY ti'iereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed o�f Trust in
<br /> the events of default section of this Deed of Trust.
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