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201405342
<br /> DEED O� TRUST
<br /> Loan No: 8�2059765 {Continued} Page 6
<br /> trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their se�ccessors in interest. The successor trustee, without conveyance of the Prop�rty, shall succeed to all ihe
<br /> title, power, and duties conferred upon the Trustee in this Deed of 7rust and by applicable law. This procedure for
<br /> su6stituTion of Trustee shall go�ern to the�xclusion of alt other pravisions for substitution.
<br /> NOTICES. Am�r notice required #o be gi�en under this Deed of Trust, including without limitation any notice of default
<br /> and any notice of sale shalf be given in writing, and shall be effec#ive when actually delivered, when ectually received
<br /> by teEefacsimile (unless otherwise required by law], when deposited with a nationally recognized overnight courier, or, if
<br /> mailed, when cEeposited in the United States mail, as first class, ceriified or reg9starad mail postage prepaicf, tlirected to
<br /> the addresses shown near the beg9nning of this Deed of Trust. A]I copies of notices of forecEosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Qeed ofi Trus#. Any person may change E�is or her address for notices under this Deed of Trust by gi�ing forrr�al
<br /> written notice #o the other persan or persons, specifiying that the purpose of the notice is to change the person's
<br /> address. For rootice purposes,Trustor agrees to keep Lender informed at all times of Z"rus#or's current address. Unless
<br /> otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender ta any Trustor is
<br /> deemed to be notice given to al]Trustors. It will be Trustor's responsibility to tel!the others of the notice from Lender.
<br /> M15CE!lANEOUS PRDV15fONS. The €ollowing miscellaneous pravisions are a part af this Deed of Trust:
<br /> Amendments. What is written in this Deed of Tr�st and in the Related �ocuments is Trustor's entire agreemant
<br /> w@th Lender cancerning the matters covered by this Deed of Trust. To be efiFective, any change or amendment to
<br /> this Deed of Trust must be in writing and must 6e signed by whoever wil� 6e bound or obligated By the change or
<br /> amendme�#_
<br /> Caption Meadings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpre#or define the provisions of this Deed af Tr�st.
<br /> Merger. 7here shaEl be no merger nfi the interest or estate created �y this Deed ofi�rust with any other interest or
<br /> estate in the Property at any time held by or for the benefic of Lender in any capacity, withou#the writien consent
<br /> of Lender.
<br /> Governing� Law, This Deed of Trus# will be governed by federal Eaw applicab[e tv Lender and, to the extent not
<br /> preempted by federal law,the laws of the State of Nehraska without regard to rts conflicts of law provisions. 7his
<br /> Deed of Trust has heen accepted by Lender in the State of Nebraska.
<br /> Ehoice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdicEion pf the
<br /> courts of Haq County, 5tate of Nebraska.
<br /> Joint and Se�eral Liabi[ity. Afl ob[igations of �rustor under this Deed af Trusi shall 6e joint and several, and all
<br /> references to Trustor shall mean each and every Frustor. This means #hat each Trustor signing below is
<br /> responsib[e for all obligations in this Deed of Trust.
<br /> No Wai�er by Leroder. Trustor understands Lender wi[I not give up any of Lencfer's rights under this Deed of Trust
<br /> unless Le�der does so in wsiting. The fact tE�at Lender delays or omits to sxercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to gi�e up one of Lender's rights, that does not
<br /> mean Trustor will not have to comply w9th the other pra�isions of this Deed of Trust. Trustor also understands
<br /> that if Lender does cansent to a request, that does not mean that Trustor wilf not have to get Lender's consent
<br /> again if the situation happens again. �rustor further understands that just because Lender consents#o one ar mare
<br /> of Tr�stor's raquests, that does not mean Lender wil[ be required to consent to any of Trustor's f�ture requests.
<br /> Tr�star waives presentment, demand for payment, protest, and notice of dishonor.
<br /> Severability. If a caurt finds that any provision of this Deed of Trust is not valid or should not be enforced, that
<br /> fact by itself wi[I not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court wi11
<br /> enforce the rest of the provisions of this Deed of 7rust even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> 5uecesso�s and Assigns. 5ubject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Qeed 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 oiher than Trustor, Lender, w"s#hout notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Tr�star from the ol�ligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this �eed o�Tr,�st.
<br /> Wai�e Jury. All paRies to this Deed of Trust herehy wai�e the right#o any jury trial in any action, proceeding, or
<br /> courrterclaim bro�ght 6y any party against any other party.
<br /> Wai�er of Homestead �xemption. Trustor hereby releases and waives al[ rights and benefits of the homestead
<br /> exemption laws of the State of f�ebraska as to all [ndebtedness secured by this Deed of 7rust.
<br /> DEFINITIONS. The following words shalE 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 worc! "$arrower" means DENNY JOE WATKINS and BONEITA P WATKlNS and includes all
<br /> co-signers and co-makers signing the Credit Llgreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean tF�e credit agreement dated August 25, 2p14, WI#h
<br /> Credit lumit o'f $120,100.00 from Trustor to Lender, together with all renewals of, extensions of,
<br /> modifications of, refinancings of, consolidations of, ar�d subs�itutions for the prorr�issory note or agreemant. 7he
<br /> maturity date of this Deed of Tr�st is August 25, 2019. NQTIGE TO TRiJSTQR: TFEE CR�DITi AGREEMENT
<br /> CON�AINS A VARIASLE INTEREST RATE.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed o�F Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment anc[ security infierest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental laws. The words "Environmental �aws" mean any and all state, federal and [ocai statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmenta] Response, Compensation, and LiabiEity Act of 998D, as amended, 42
<br /> U.S.C. Section 9601, et seq. {^CERCLA"}, the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 f"SARA"},the Hazardous Ma#erials Transportation Act,49 U.S.C. Section 1801, et seq.,the Resource
<br /> Conserva4ion and Recovery Act, 42 U.S.C. SecEion 6901, et seq., or other applicable state or federal [aws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> E�ent of�efault. Fhe words "�vent of Default" mean any of the events of default sei fprth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Indebtedness. 7he words "Existing ]ndebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> liazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
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