|
201209482
<br /> DEED OF TRUST
<br /> Loan No: 872058843 (COtltinued} Page 6
<br /> trustee, and the instrument shall be executed and acknowledged by all the benefiiciaries under this Deed of Trust or
<br /> their successors in intetest. Tne successor trustee, without conveyance of the Property, snall succeed to all the
<br /> title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable faw. Tf�is procedure for
<br /> subsiiiution of Trustee shall govern to the exclusion of all other provisions for substitution:
<br /> NOTICES_ Any notice required to be given under this Deed ofi Trust, induding without limitation any notice ofi default
<br /> and any notice ofi sale shall be given in writing, and snall be effective when actuaily delivered, when actually received
<br /> by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or,if
<br /> mailed, when deposited in the United States mail, as first class, certi#ied or regisYered mail postage prepaid, directed to
<br /> the addresses shown near the beginning of tnis Deed of Trust_ All copies of notices of foreclosure from the holder of
<br /> any lien which has priority over tnis Deed of Trust shall be sent to Lender's address, as shown near the beginning ofi
<br /> this Deed of Trust. Any person may ehange his or her address for notices under ihis Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose ofi 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, ef there is more than one Trustor, any notice given by Lender to any Trustor is
<br /> deemed to be noYice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice firom Lender.
<br /> MISCELLANEOUS PROVISIONS. The fiollowing miscellaneous provisions are a part of this Deed of Trust:
<br /> Amendments. What is written in this Deed ofi 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 amendment to
<br /> rthis Deed of Trust must be in writing and must be signed by whoever will be bound or obligatetl by the change or
<br /> amendment. �
<br /> Caption Heatlings_ Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or defiine 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 ihe Property at any time held by or for tne 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 extent not
<br /> preempted by federal law,the laws of the State of Nebraska wdthout 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_ If there is a lawsuit, Trustor agrees upon Lender's �equest to submit to the juristl:iction�of Yhe
<br /> courts of Hall County, State of Nebraska.
<br /> No Waiver by Lender. Trustor understantls Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in wtiting. 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 wPll not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that ifi 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 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 requests.
<br /> Trustor waives ptesentment,demand for payment, protest, and notice of dishonor. �
<br /> Severability. If a cour[finds that any provision of this Deed of Trust is not valid ot should not be eriforced, thai
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefiore, a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision ofi this Deed of Trust may be found to be
<br /> invalid.ot unenfo�ceable.
<br /> Successors and Assigns. Subject to any limitations staied in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shatl be binding upon and inure to the benefit ofi the parties, their successors and assigns. If
<br /> ownership 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 Deed of Trust and the Indebiedness by way ofi fiorbearance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or Iiability untler the IndebYedness.
<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 hereliy waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim 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 /> exempti:on laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. TMe 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 CARRIE LEE MONROY and includes all co-signers and co-makers signing
<br /> the Cretlit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated November 5, 2012, with
<br /> credit limit of $40,���_00 from Trustor to Lender,together with all renewals of, extensions of, modifications
<br /> ofi,refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is November 5, 2017. IVOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAWS A
<br /> VARIABLE 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 /> Environmental Laws. Tne words �"Environmental Laws" mean any and afl state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of "1980, as amended, 42
<br /> U.S.C. Section 960'I, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of '1986, Pub. L.
<br /> No. 9�9-499 ("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section 780"I,et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 690'I, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event ofi Default" mean any of the events of default set forth in this Deed ofi Trust in
<br /> the 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 of Trust.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials ihat, because of their quantity,
<br /> concentration or physical, chemical or infiectious characteristics, may cause or pose a present or potential hazatd
<br /> to human health or the environment when improperly used,treated, stored, disposed ofi, generated; manufactured,
<br /> transported or otherwise handted. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br />
|