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e Loan No: 807093 DEED OF TRUST (Continued) e 200611192 Page 5 decides to spend money or to perform any of Trustor's ohligfllions und",r this Deed of TruST, aftor Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. Request for Notice. Trustor, on hehalf of Truslor Ilnd Lender, hereby requests that a' copy of , any Noti~~~f Defaulf"and a copy of any Notice of Sale under this Deed of Trust he mailed to them at the addresses set forth in tlJe first pflragraph of this Deeit' of Trust. Attorneys' Fees; Expenses. If Lender inSTitutes any SUiT or anion to enforCA any oflhe terlTls of this peed of Trust,Lender shall be entitled to recover such sum as the court may adjudge masonahle as attorneys' fp.es at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prQhibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indehtedness paYllhlfl on demand and shlll1 bear interest at the Note rale from the date of the expenditure until repaid. Expenses covered hy this pamgmph include, without limitation, however suhject to fmy limits under llpplicable law, lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction). appeals, and any anticipated post-judgment collection services, the cost of s"'arching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: 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 actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or pial of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating llny restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the intp.rp.st of lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to ttlP. righTS and remp.dip.s set forth ahove, with respect to all or any part of Thp. Property, the Trustee shall have the right to foreclose hy notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to thp. full extent provided by applicable law. Successor Trustee. Lender, III Lender's option, may from time to time appoint a SUccp.ssor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed fllld acknowledged hy Lender and recorded in the office of the recordAr of Hall County, State of Nehraska. The instrump.nt shall contllin, in addition to 1111 other matters required by state law, I.he names of the originlll Lender, Trustee, and Trustor, the hook and page (or computer system reference) where this Oeed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged hy fill the beneficiaries under this Deed of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and hy applicflble law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for suhstitution. NOTICES. Any noticp. reCluired to he given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall he given in writing, and shall hp. p.ffp.ctive when flctufllly deliverp.d, when actually received by telefacsimite (unless otherwise required by law), when dp.posited with a nationally recognized overnight courier, or. if mailed, when dAposilerl in the United States mail, as first class, certified or registP.red mail postage prepaid, directed to the addresses shown near the heginning of this Deed of Trust. All copies of noticp.s of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, flS shown near the beginning of this Deed of Trust. Any person mllY change his or her address for notices under this Deed of Trust hy giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor agrees to keep lender informed at 1111 times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lflnder to any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsihility TO tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions lire a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the matters covered hy this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must he in writing and must he signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate creflted by this Deed of Trust with any other interest or estal.e in the Property at any time held by or for the henefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by fedmal law, the laws of the State of Nebr'lska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue, If there is fI lawsuit, Trustor agrees upon Lender's request to suhmit to the jurisdiction of the courts of Hall County, State of Nebraska. Joint and Several Liability. All obligations of Trustor under this Deed of Trust shflll be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed ofl rust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender detflYS or omits to exercise any right will not mOlln that Lender has given up that right. If Lender does agree in writing to givE'! up one of Lender's rights, thot does not mean Trustor will not haw to comply with thA other provisions of this Deed of Trust. Trustor also understands that if L.ender does consent to a request, that does not mean that TnJstor will not have to get Lender's consent again if the situation happens agflin. Trustor further understands that just because Lender consents to one or more of Trustor's requests, that does not mean Lnnder will be required to consp.nt to any of Trustor's future requests. Trustor waives presentment, demand for payment, protp.st, and notice of dishonor. Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not he valid or enforced. Therefore, II court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Suhject to any limitations stated in this Deed of Trust on transfer of Trustor's intemst, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownp.rship of the Property hecomes vested in a person other than Trustor, lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the porformance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any actioll, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases find waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indehtedness secured hy this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Equitahle Bank, and its successors find assigns. Borrower. The word" Borrower" means Eloy R Uribe llnd Oralia DErives and includes all co-signers and co-makers signing the Note " I, ,t ';