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
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