Laserfiche WebLink
201208585 <br /> DEED OF TRUST <br /> Loan No: 872058797 (Continued) Page 6 <br /> trustee; anH 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 alt the <br /> title, power, and duties confierred upon the Trustee in this Deed of Trust and by applic8ble law. This procedure for <br /> substitution ofi Trustee shall govem to the exclusion of all other 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 ofi sale shall be given in writing, and shall be effective when actually delivered, when actually received <br /> by telefacsimile (unless otherwise required by Iaw), when deposited with a nationally recognized overnight courier, or, if <br /> mailed, when deposited in the United States mail, as first class, ceriified or tegiste�ed mail postage pre��paid., directed to <br /> ihe addresses shown near tfie� beginning of this Deed ofi Trust. Afl copies of notices of foreciosure from the holder of <br /> any Iien wFiich 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 fotmal <br /> wriiten notice to the other person or persons, specitying that the purpose of tne 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 add:ress. Unless <br /> oiherwise provided or required by Iaw, if there is more than one Trustor, any notice given by Lender to any Tr�stor is <br /> deemed to be noti.ce given to aIi Trustors. It will be Trustor's responsibi-lity to tell the others of the notice from Lender.. <br /> MISGELLANEOUS PROVISiONS. The following miscellaneous provisions are a part of this Deed of Trust: <br /> Arnendments. 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 T�ust. To be effective, any change or amendment to <br /> this Deed of Trust must be in wriYing and must be signetl 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 a�nd are not to be <br /> used to interpret or define the provisions of this Deed of Trust. <br /> Merger. There shall be no merg�er of the interest or estate createtl by this Deed of 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 /> Governing Law_ TFiis Deed of Trust will be governed by fede�al law applicable to Lender and. to the e�ent not <br /> preempted 6y federal law,the Iaws o#the State of Nebreska without regard Yo its conflicts of law provisions. This <br /> Deed of Trust has been accepted by Lender in the SSate of Nebraska_ <br /> Choice of Venue. If there is a Iawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the <br /> courts of Hall County, State of Nebraska. <br /> No Waiver by Lender. Trusto�r understands Lender will not give up any of Lende�'s rights und�er 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 ofi tihis Deed of Trust. Trustor a�lso unde�stands <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 F�.appens 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 consent to any of Trustor's future req�ests. <br /> Trustor waives presentment,demand for payment, protest,and notice of dishonor. <br /> Severability_ ff a court finds that any provision of this Deed of Trust is noi 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. Therefiore, a eourt will <br /> enfiorce 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 upon and inure to the benefit of the parties, their successors and assigns. If <br /> ownetship 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 �eed of Trust and the Indebtedness by way of forbearance or <br /> extension without�eleasing Trustor from the obligations of this Deed of Trust or li�ability 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. AII parties to this Deed ofi Trust hereby waive the right to any jury trial in any action, proceeding. or <br /> counterdaim brought 6y any party against any.other party. <br /> Waiver ofi Homestead Exemption. Trustor hereby releases and waives atl rights and benefits of the homestead <br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> DEFINITIONS. The fiollowing 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 SONYA MARIE KEOPANYA and includes all co-signers and co-makers <br /> signing the Credit Ag:reement and all iheir successors and assigns.. <br /> Credit Agreement. The words "Credit AgYeemenC' mean the credit agteement dated October 9, 20'I2, with <br /> credit limit O$ $1 O,�Do-00 from 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 October 9, 2017. NOTICE TO TRUSTOR: THE CRE�IT 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 limitation all assignment and security interest provisions relating to the Personal Property and <br /> Rents. <br /> Enveronmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, <br /> regulations and ordinances relating to the protection of human health o� the environm�ent, including without <br /> limitation the Comprenensive Environmental Response, Compensation, and Liability Act of 7 980, as amended, 42 <br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorizaiion Act of '1986, Pub. L. <br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act,49 U_S.C_ Section '180'I, et seq.,the Resource <br /> Conservation and Recovery Act, 42 U.S�.C. Section 6901, et seq., or other applicable siate or federal laws, rules, <br /> or regulations adopted pursuant thereto. <br /> Event of Default. The words "Event of Default" mea.n any of the events of default set forth in ihis Deed of Trust in <br /> ihe events of default section of this Deed of Trust_ <br /> Existing Indebtedness_ The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens <br /> provision of this Deed ofi Trust. <br /> Hazardous Substances. The words �"Hazardous Substances" mean materials that, because of their quantity, <br /> conceniretion or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard <br /> io human health or the environment when improperly used,treated, stored, dPsposed of, generated, manufactured, <br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and <br /> include without limiiation any and all hazardous or toxic substances, materials or wasie as defined by or listed <br />