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201209559 DEED OF TRUST Loan No: 1�004676 (Continued) Page 6 Reghts of Trustee. Trustee shall have all of ihe rights and duties of Lender as set fortF in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor. (a)join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)joi� in granting any easement or creating any restriction on the Reai Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this�eed of Trust. Trustee. Trustee shall meet all qualifications required;or Trustee under applicable law. In addition to the rights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the tight to foreclose by notice and sale, and Lender will have Yhe right to foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applica6le law. Successor Trustee. Lender,at Lender's option,.may from time to time appoint a successor Trustee to any Trustee appointed u�der this Deed of Trust by an instrument execuced and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of Nebraska. The i�strument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page lor computer sysiem reference) where this Deed of Trust is recorded, and the name and address of the successor trustee,and the instrument shall be executed antl acknowledged by al.l the 6eneficia�ies under this Deed of Trust or the�r successors in interest. The successor trustee,without conveyance oi the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substiturion of Trustee shall govem to the exdusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trusi,including without lim'rtation any notice of default and any notice of sale shail be given in writing,and shall be effective when actually deiivered,when actually received by telefacsimile(u�less otherwise required by lawl,when deposited with a nationally recognized ovemight courier,or,if mailed,when deposited in the United States mal,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. AIl copies of notices o��foreclosute from the holder o�F a�y lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the 6eginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust hy giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the perso�n's address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. U�less otherwise provided or required by law,if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trusfor's responsiliility to tell the others of the notice from Lender. MISCELLANEOUS PROVISI01�7S. The followi�g miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and�in the Related Documents is Trustor's entire agreement with Lender conceming ihe matters covered by this Deed of Trust. To be effieciive,any change or amendment to this Deed oi Trust must be in wrixing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in tliis Deed of Trust are for convenience purposes only and a�e not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Go�erning Law. This Deed of Trust will 6e governed by federal law apploca4le to Lender and,to the extent not preempted by federal law,the laws of the State of Nebreska without regard to its con#licts ofi law provisions. This Deed of Trust has been accepted 6y Lender in the State of Nebraska. Choice of Venue.. If there is a lawsuit,Trustor agrees upon Lender's r�quest to submit to the jurisdiction of the courts of Hall County,State of Nebraska. Joint and Severel Liability. All obligations of Trustor under this Deei1 ef Trust shall 6e joint and�everal, and ali references [o Trustor shall mean each and every Trustor. This means ihai each Trustor signing 6elow is responsible for al!obligations in this Deed of Trust. No Waiver 6y Lender. Trustor understands Lender will not give up eny of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender tlelays or omits to exercise any right will not mean that Lender has given up thai right. If Lender does agree in writing to give up one of Lender's rights,that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trusmr also understands that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understarrds that just because Lender consents to one or more of Trustor's requests,that does not mean Lender will be required Yo consent to any of Trustor's future requests. Trustor waives presentment,demand for payment,protest,and notice of dishonor. SeverabilRy. if a court finds that any provision of this Deed of Trusi is not valid or should not be enforced,that fact by itself will not mean that the rest of zhis Deed of Trust will not be valid or enforced. Therefore,a court wil! enforce 4he rest of the provisions of this Deed of Trust even if a provision of this Deed oP Trust may be found to be invalid or unenforceaole. Successors and Assigns. Subject to�sny limitations stated in thos Deed of Trust on trans`er of Trustor`s interest, this Deed of Trust shall be binding upon antl inure to the benefit of the parties,their successors and assigns. Ifi ownership of the Property becomes vested in a person other tha�Trustor,Lender,without notice to Trustor,may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or courrterclaim brought by any party against any other party. Waiver of Homestead E.cemption. Trusmr hereby releases and waives ali rights and 6enefits of the homestead exemption iaws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITlONS. The fiollowing words shal!have the following�mear.ings when used in this Deed of Trus!: Beneficiary. The word"Beneficiary"means Equitabie Bank,and its successors and assigns. ' Borrower. The word"Borrower"means COREY J MYERS and HEATHER J MYERS and includes all co-signers and co-makers signing the Note a�d ail their successors and assigns. Deed of TrusY. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents: