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201211058 <br /> DEED OF TRUST <br /> Loan No: 1004882 (Continued) Page 6 <br /> Trustee_ Trustee shall meet all quafifications required for Trustee under applicabie law. In addition to the rights <br /> and remedies set forth above, with respect to all or any part ofi the Property, the Trustee shall have the right to <br /> foreclose by notice and sale, and Lender will have the right to fioreclose by judicial foreclosure, in eitner case in <br /> accordance with and to the full extent provided by applica6le law. <br /> Successor Trustee. Lender, at Lender's option, may firom time to time appoint a successor TrusYee to any Trustee <br /> appointed under this Deed of Trust by an insttument executed and acknowledged by Lender and recorded in the <br /> office of tne recorder of HALL County, State of Nebraska. The instrument shall contain, in addition to aIl other <br /> matters required by state law; the names of the original Lender, Trustee, and Trustor, the book and page (or <br /> computer system reference) where this Deed of Trust is recorded, and the name and address of the successor <br /> trustee, and tne instrument shall be executed and acknowledged by all the benefiCiaries under this Deed of Trust or <br /> their successors in interest. The s�uccessor trustee, without conveyance of the Property, shall 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 of Trustee shall govern 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 noti.ce of sale shall be given in writing, and snall be effective wnen actually delivered, when actually received <br /> by telefiacsimile (unless otherwise required by law),wnen deposited witn a nationally recognized overnignt courier, or, if <br /> mailed, wnen deposited in the United States mail, as first class, certified or registered mail postage prepa�id, directed to <br /> the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of <br /> any lien whicFi Fias 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 change his or her address for notices under this Deed of Trust by giving fo�mai <br /> written notice to the other person or persons, specifying that the p�urpose of the notiee 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 p�ovided or required 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 otners of tne notice from Lender. <br /> MISCELLANEOUS PROVISIONS. The following misceFlaneous provisions are a part of this Deed of Trust: <br /> Amendments. WFiat is written i�n tFiis Deed of Trust and in the Related Documents is Trustor's entire agreement <br /> with Lender concetning the matters covered by this Deed of Trust. To be effective, any change or amendment to <br /> this Deed ofi Trust must be in writing and must be signed 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 and are not to be <br /> used to interpret or define the provisions of this Deed of Trust. <br /> Merger. There shall be no rnerger of the interest or estate created by tnis Deed of Trust witn any otner interest or <br /> estate in the Property at any time held by or fior the benefit of Lender in any capacity, withouY 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 without regard to its conflicts of law provisions_ This <br /> Deed of Trust has been accepted by Lentler in the State of Nebraska. <br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the <br /> courts of Hall County, State of Nebraska. <br /> Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all <br /> references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is <br /> responsible for all obligations in this Deed of Trust. <br /> No Waiver by Lender. Trustor understands Lendet will not give up any of Lender's rights under this Deed of Trust <br /> unless Le�nder 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 Lernder 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 othe� provisions of this Deed of Trust. Trustor also understands <br /> that if Lender does consent to a request, that does not mean tnat Trustor will not nave 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 �equired to consent to any of Trustor's future requests. <br /> Trustor waives presentment, demand fior payment,protest, and notice of dishonor. <br /> Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, Yhat <br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a.court will <br /> enforce the rest of the provisions of this Deed of T�ust 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 TYust 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 /> ownership of the Property becomes vested in a person other than Trustor, Lende.r, witbout notice to Trustor, may <br /> deal with Trustor's successors witn reference to this Deed of Trust and the Indebtedness by way of forbearance or <br /> extension without releasi:ng Trustor from the obligations of tnis Deed of Trust or liability 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_ All parties Yo this Deed of Trust hereby 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 hom�estead <br /> exemption laws of the StaYe of Nebraska as to all Indebtedness secured by this Deed of Trust. <br /> DEFINITIO�NS. The following words shall have the following mea.nings when used in this Deed of Trust: <br /> Beneficiary. The word "Beneficiary^ means Equita�ble Bank,and its succesSors and assigns. <br /> Borrowec. The word "Borrower" means ROBERT D RASMUSSEN and CHAR�LA R RASMUSSEN and includes all <br /> co-signers and co-makers signing the Note and all their successors and assi:gns. <br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, antl <br /> includes without limitation all assignment and. security interest provisions relating to the Personal Property and <br /> Rents. <br /> Environmentat 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 or Yhe environment, incl'uding without <br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br /> U.S.C. Section 960"I, eY seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br /> No. 99-499 ("SARA"),ihe Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,the Resource <br /> Conservation and Recovery Aar, 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 of Default" mean any of the events of default set forth in this Deed ofi Trust in <br /> tf�e events of default section of this Deed of Trust. <br />