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<br />Loan No: 0372055049
<br />
<br />DEED OF TRUST
<br />(Continued)
<br />
<br />200606013
<br />
<br />Page 5
<br />
<br />provided by law.
<br />Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
<br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this
<br />Deed of Trust:
<br />
<br />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
<br />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
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in gronting any easement or creatin(] any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the intemst of
<br />Lender under this Deed of Trust.
<br />
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and rernedif1s set
<br />forth above, with respect to all or any pMt of the Property, the Trustee shall have the right to forer.lose by notice and sale, and Lf1ndm
<br />will have the right to foreclose by judicial foreclosure, in either r.ase in accordance with and to the full extent provided by applir.ahle
<br />law.
<br />
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust hy Ilninstrument executed at1d.-~'cK11Owledged by Lender and rer.orded in the office of the recordf!r of HALL County,
<br />State of Nf!hraska.,. Thwinst~ument shallcof)ta"irl;' in', addition to all other matters required by state law, the nllmf!S of the original
<br />Lender, Trustep., fl"~"TrWl1or,th!'l book and page l.or'lcpmputer system reference) where this Deed of Trust is recorded, Ilnd the n".'11e
<br />and addrf!ss of die successor trustee, andt~!E!.instrument shall be executed Ilnd Ilcknowledged by all the beneficillries LInder this Deed
<br />of Trust or their ~UCCE!~_~~.tSjninterest. "The successor trustee, without conveyance of the Property, shllll sur.r.eed to all the title,
<br />power, and duties COilferred upon the Trustee in this Deed of Trust Ilnd hy applicable law. This procedurf! for substitution of TruSlee
<br />shall govern to the exclusion of all othm provisions for substitution.
<br />
<br />NOTICES. Any notice required to he given undp.r this Deed of Trust, including without limiwtion Ilny notice of dehlult and Ilny notice of
<br />sale shall be given in writing, ann shall hp. effective when actually delivered, when Ilr.tually received by telefacsimile (unless otherwise
<br />required by law), when deposited with Il nlltionlllly mcognized overnight courier, or, if mailed, when deposited in the United Stlltp.s mail, as
<br />first class, certified or registered mail postllgP. prepaid, directed to the addresses shown near the beginning of this Dp.f!n of Trust. All
<br />copies of notices of foreclosure from the holnp.r of any lien which has priority over this Deen of Trust shall be sent to Lenner's address, AS
<br />shown near the beginning of this Deed of Trust. Any person may change his or her Ilndress for notices under this Deen of Trust by giving
<br />formal written notice to the other pp.rson or persons, specifying that the purpose of thp. notice is to change thp. pmson's address. For
<br />notir.e purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwisp. provided or required
<br />by law, if there is more than one Trustor, Ilny notir.e given by Lender to any Trustor is neemed to be notice given to IlII Trustors. It will be
<br />Trustor's responsibility to tell the others of the notice from Lender.
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br />
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire Agreen1f!nt with Lender
<br />r.oncmning the matters covered by this Dep.d of Trust. To be effective, any change or amendment to this Dp.en of Trust must be in
<br />writing and must be signed by whoever will be bound or obligated by the changf! or amendment.
<br />
<br />Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to he used to interpret or
<br />definp. the provisions of this Deed of Trust.
<br />
<br />Merger. Thp.re shall be no merger of the interest or estate created by this Deen of Trust with any other intmest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lendm.
<br />
<br />Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law. the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
<br />Lender in the State of Nebraska.
<br />
<br />Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdir.tion of the courts of Hnll County,
<br />State of Nehraska.
<br />
<br />Joint and Several Liability. All ohligations of Trustor under this Deen of Trust shall be joint Ilnd several, And nil refmences to Trustor
<br />shall mean each and every Trustor. This means that ench Trustor signing below is responsible for all ohligf1tions in this Deed of Trust.
<br />
<br />No Waiver by Lender. Trustor understands Lender will not givp. up any of Lender's rights under this Deed of Trust unless I..fHH.lP.r does
<br />so in writing. The far.t that Lender delays or omits to p.xerr.ise any right will not melln that Lender hns given up thilt right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have 1.0 r.omply with the (JIher provisions
<br />of this Deen of Trust. Trustor also understanns that if Lender does consp.nt to a request.. that does not mean thll! Trustor will not
<br />have to get Lender's consent agAin if the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustor's requests, that noes not mean Lender will he required to Gonsent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />
<br />Severability. If a court finds that any provision of this Deed of Trust is not valid or should not he enforced, that fllr.t by itself will not
<br />mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision of this Deen of Trust may be found to he invalid or unenforr.p.able.
<br />
<br />Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust
<br />shall be bindinq upon And inure to the benefit of thp. parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person othp.r than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust Ami the Innebtedness by way of forbearance or extension without releasing Trustor from the ohligations of this Deed of
<br />Trust or liahility under the Indebtenness.
<br />
<br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br />
<br />Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />
<br />Waiver of Homestead Exemption. Trustor hereby releases ann wllives all rights ann henefits of the homestead exemption laws of the
<br />State of Nehraska as to all Indehtedness secured hy this Deed of Trust.
<br />
<br />DEFINITIONS. The following words shall have the following meanings when us en in this Deed of Trust:
<br />
<br />Beneficiary. Thp. word "Beneficiary" means Equitable Bank, and its successors Ilnd assigns.
<br />
<br />Borrower. The word "Borrower" means STEVEN A MANOLlDIS and LINDA L MANOLlDIS and inclunes all co-signers and co-makers
<br />signing the Cmnit Agreement and IlII their successors ann assigns.
<br />
<br />Credit Agreement. Thf! words "Credit Agreement" mean the r.mnit agreement (Iated June 29, 2006, with credit limit of
<br />$110,400.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidntions
<br />of, and substitutions for the promissory note or agreement. The maturity dnte of this Deed of Trust is June 29, 2011. NOTICE TO
<br />TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />
<br />Deed of Trust. Thp. words "Deed of Trust" mean this Deen of Trust among Trustor, Lender, and Trustee. and includes without
<br />limitation all assignment and security interest provisions relating to the Personlll Property ann Rents.
<br />
<br />Environmental Laws. The words "Environmental Laws" mean any and IlII state, federal and local stntutes, regulations nnn ordinances
<br />relating to the protection of human health or the environment. including without limitation the Comprehensive Environmflntal
<br />Response, Compensation, Ilnn Liability Act of 1980, as amended, 42 U.S.C. Ser.tion 9601, et seq. ("CF.RCLA"), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 499 ("SARA"), the Hazardous Materials Transportation Act.. 49 U.S.c.
<br />Ser.tion 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicahlp. state or
<br />federal laws, rules, or regulations Ilnopted pursuant thereto.
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