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201400196
<br /> DEED OF TRUST
<br /> Loan No: 81004A�80 {Continu�d) Page 7
<br /> Amendmerrts. 7his Deed of Trust, together with any Re[ated Documents, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Deed of Trust. Na a[ieration of or amendment to this
<br /> Deed of Trust shap 6e effective unless given in writing and signed hy the party or parties SOught#o be charged or
<br /> bound by the altsration or asnendment.
<br /> Artnual Fteports. If the �'roperEy is used for purposes other than TrusYor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such form and detai[ as Lender shall require. "Net operating income" shal] mean afl cash
<br /> receipts firom the Property fess all cash expenditures made in connection with the operatian of the Property.
<br /> Caption Headings. Gaption headingS in t[�is Deed of Trust 8re fOr COnvBnience purposes only and are not to be
<br /> used to interpret or define the provisions af this Deed of Trust.
<br /> Merger: 3her-�shall�fi��'ria��m�rger of�tE�e interest or estate created by this Deed of Trust with any other interest or
<br /> estate in the Pro '�''�
<br /> peity"�a2'ar�'tiiime held:by;or for the benefit of Lender in any capacity, without#he written consent
<br /> ,-..,..-,, ,,..,
<br /> of Lender..� , ., �
<br /> .,...__..�_.,._,,._.,.....,_......,_�.._.�...,__.,...._ ,..
<br /> Go�erning Law. This deed of Trust w11[ be go�erned by federal [aw applEcahle to Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conf[icts of law pro�isions. This
<br /> Deed of Trust has 6een accepted by Lender En the State of Nebraska.
<br /> Choice of Venue. ff there is a ]awsuit, Trustor agrees upon Lender's request to su6mit to the jurisdiction of the
<br /> courts of Hall County, State of Ne6raska.
<br /> Joint and Several Liabili#y. All obligations of Borrawer and Trustor under this Deed of Trust shall be joint and
<br /> severaf, and al[ references to Trustor shafl mean each and every Trustor, and all references to Borrower s[�all mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for al[abligatior�s in this Deed
<br /> of Trus#.
<br /> No Waiver by Lender. Lender shall noi be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No defay or omission on the part of Lender in exercising any right
<br /> sha[I operafe as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> sha[I nat prejudice or constitute a wai�er af Lender's rig[�t otherwise to demand stric# compliance with that
<br /> provision or any other provision of this �eed of Trust. fVo prior waiver by Lender, nor any eourse of dealing
<br /> between lender and Trustor, sha[I constitute a waiver of any of Lender`s rights or of any of Trustor's oBligations
<br /> as to any futvre transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of suoh consent by Lender in any instance shal] not�onstitute continuing consent to subsequent instances where
<br /> s�ch consent is required and in all cases such consent may be granted or withhe[d in the sole discretion of Lender.
<br /> Severability. If a court of competen#jurisc[iction finds any provision of this deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shal] not make the offending provision il[egai, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be considered madified so
<br /> that ii becomes legal, valid and enforceable. ]fi the offending pro�ision cannot be so madified, it shaEl be
<br /> considered deleted frorrE this Deed af Trust. iJnless otherwise required by law, the i[legality, invalidity, or
<br /> unenforceability of any provision of this Cleed of Trust shal[ not affect the legality, validity or enforceabifity of any
<br /> o�Eher provision of this Deed of Trust.
<br /> S�ccessors and Assigns. Subject to any limitations stated in #his �eed of Trust on transfer of TrusYor's interest,
<br /> this C7eed of Trust s[�al] be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> owreership of the Property becomes �esfed in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal wiEh Trustor's successors with reference to this Deed of Trust and the Indabtedness by way of forbeara�ce or
<br /> extension without re[easing Trustor from tha obfigations of Yhis Deed of Trust or lia6i[ity under the Inde6tedness.
<br /> Tirne is of the Esse�ce. Time is of the essence in the performance af this Deed of Trust.
<br /> Waive.lvey. A[1 parties to this Deed of Trust hereby waive the right to any j�ry trial in any acbon, proceeding, or
<br /> countercfaim brought by any party against any other party.
<br /> Waiver of Womestead Exemption. Trustor hereby releases and waives a!I rig[�ts and benefits af the homestead
<br /> exerr�ption laws of the State of Nebraska as to all [ndebtedness secured by this �eed af Trust.
<br /> DEFiN1T10NS. The fol[owing capitalized words and terms shalf have the folEowing meanings when used in this Deed of
<br /> Trust. Unless specifica[ly stated to the contrary, al[ references to dollar amounts shall mean amounts in [aw€ul money
<br /> of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br /> include the singular, as the context may require. Words and terrns not oYherwise defined in this Deed of Trust sha[I
<br /> have the meanings attributed to such terms in the Uniform Cammescial Code:
<br /> Benefieiary. The word "Beneficiary" means EquitabJe Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means HUTCHINSON AND ASSOCIATES, L.LC.; EVIICHAEL C HUTCHENS4N; and
<br /> WANDA HUTCNINSON and indudes a[I co-signers and co-malcers signing the Note and alf their s�ccessors and
<br /> assigns.
<br /> Deed of Trust. The words "�eed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitatiort al[ assignment and security interest provisions relating to the Personal Property and
<br /> Ren#s_
<br /> Default. Tha word "Default" rrteans the Default set forth in this Deed of Trust in the section titled "Defau[t".
<br /> En�ironmental Laws. The words "Environmental Laws" mean any and all state, #ederal anct local sYatutes,
<br /> regulations and ordinances relating ta the protection of fnuman 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 9601, et seq_ {"GERCLA"], the Superfund Amendments and Fieauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"),the Hazardous Materials Transportation Act, 49 U.S.C. 5ection 1801, et seq., the Resource
<br /> Conservation and Recavery Act, 42 U.S.C. SecYion 6907, et seq., or other aPplicable state or federal laws, ru[es,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Defiault. The words "E�ent of Default" mean any of the events of default set farth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> �cisting Indebtedness. The words "Existing [ndebtedness" mean the indebtedness described in the �cisting Liens
<br /> provision of this Deed af 7rust.
<br /> Guaranty. The ward "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry to
<br /> Lender, including without fimEtation a guaranty of a[I or par�of the Note.
<br /> Hazardoas Substances. The words "Hazardous Substances" mean materiels #hat, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a preseni or potential hazard
<br /> to human healt[� or the environment when improper[y used,treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise hand[ed. The words "Hazardous Subs#ances" are used in their�ery broadest sense and
<br /> include wi�thout limitation any and afl hazardous or taxic suBstar�ces, materiaEs or waste as defined by or ]isted
<br /> under the Environmental Laws. The term "Hazardous SuBstances" also includes, without limitation, pe#roleum and
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