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201704555
<br />DEED OF TRUST
<br />Loan No: 10022430 (Continued) Page 6
<br />Trustee. Trustee -shall meet all qualitications required for Trustee under applicable law. In addition to the rights
<br />and remedies set forth above, with respect to all or any part ot the Property, the Trustee shal� have the right to
<br />foreclose by notice and sa[e, and Lender will have the right to forecloss by judicial foreclosure, in either case in
<br />accordance with and to the full extent provided by applicable law.
<br />SUGcessor Trustee. Lender, at Lender's option, may from lime to time appoint a successor Trustee to any Trustee
<br />appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br />office of the recorder of Hall County, State of Nebraska. The instrument shall contain, in addition to all 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 succes-sor
<br />trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br />their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the
<br />title, power, and duties conferred upon the Trus -tee in this Deed of Trust and by applicable law. This procedure for
<br />substitution of Trustee shall govern to the e>�clusion of all other provisions tor substitution.
<br />NOTICES. Any notice required to be given under t.his Deed of Trust, including without limitation any notice of default
<br />and any notice of sale shall be given in writing, ari'd shall be effective when actually delivered, when actually received
<br />by telefacsimile (unless otherwise rrequired by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, ' when d eposited in the United States mail, as first class, certified or registered mail postage prepaid, direcied to
<br />the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure trom the holder of
<br />any lien which has priority over this Deed of Trust shall be sent to Lenderrs address, as shown near the beginning of
<br />this Deed of Trugt. An)? person may change his or her address for notices undar this Deed of Trust by g . iving formal
<br />written notice to the other person or persons, specifying tha-t the purpo-se of the notice is to charige the person's
<br />address. For notice purposes, Trus -tor agrees to keep Lender informed at all times of Trustor's current address. Unless
<br />otherwise provided 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 others of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents [s Trustor's entire agreement
<br />with Lender concerning the matters covered by this Deed of Tru,5t. To be effective, any change or amendment to
<br />this Deed of 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 merger of the interest or estate created by this Deed of Trust with any other imerest or
<br />estate in the Property at any tirne held by or for the benefit of Lender in any capacity-, without the written consent
<br />of Lender.
<br />Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and, to the extent not
<br />preem pted by fe d e ra I I aw, th e I aws - of the State of N e b ras ka witho ut reg ard to its c o nfl i cts of I a w, p ro vie i o ns. Th is
<br />Dead 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 request to submit to the jurisdiction of the
<br />courts of Hail County, State of Nebraska.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any righl 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 will not have to comply with the other provisions of this Deed of Trust. Trustor also underst-ands
<br />that if 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 wil[ be required to consent to any of Trustor's future requests.
<br />Trustor -waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severabillity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced., that
<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 Trust even if a provision of this Dead of Trust may be found to be
<br />invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust 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, Lender, without notice to Trustor.F 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 relea;sing Trustor from the obligations 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 Deed of Trust.
<br />Waive Jury. All parties to 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 othor party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waivos all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as teall Indebtedness secured by this Deed of Trust.
<br />DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br />Beneficiary. The word "Benefi6aryr' me-ans Equitable Bank, and its successors and assigns.
<br />Borrower. The word "Borrower' means Elvira Lopez Rosales and includes all oo-signers and 1:�o-makers -signing the
<br />Note and all their successors and assigns.
<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 />Re nts.
<br />Environmental Laws. The words "Environmental Laws'y me -an any and all state, federal and local statutes,
<br />regulations and ordinances relating to the proteGtion of human health or the environment, including without
<br />limitation the Comprehensive Environmental Response, Compensation, and Uability Act of 1-980, 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 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, el seq., the Resource
<br />Conservation and Recovery Act, 42 U.S.C. Sertion 6901, et seq., or other applicable state or federal laws, rulee,
<br />or regulations adopted pursuant thereto.
<br />Event of Default. The wordS n Event of Defavlt" me -an any of the events of default set forth in this Dead of 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 />Guaranty. The word "Guaranty" means the quaranty from guarantor, endorser, surety, or accommodation party to
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