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•'~ 201003173
<br />DEED OF TRUST
<br />Loan No: 0872057955 (Continued)
<br />provided by law.
<br />Rights of Trustee. Trustee shall have all of the rigktts and [furies of lender as set forth in this section.
<br />Page 5
<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 />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 granting any easement or creating any
<br />restriction nn the Real Property; and Ic- join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law, In addition to the rights and remedies set
<br />forth above, with respect to all nr any part of the Property, the Trustee shall have the right t.o foreclose by notice and sale, and Lander
<br />will have the right to foreclose by judicial foreclosure, in either calf: in accordance with and to the full extent provided by applicable
<br />law.
<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 by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) whore this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries wider this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Properly, shall succeed to all the title,
<br />power, and duties cOhferred upon the Trustee in this Deed of Trust and by applicable law. This procedure far substitution of Trustee
<br />shall govern tv the exclusion of all other provisions for substitution,
<br />NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective whin actually delivered, when actually received by telefacsirnile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in [he United States mail, as
<br />first class, certified or reyistered mail posfaye prepaid, directed to the addresses shown near the beginning of this Dead of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Ueed of Trust shall be sent to Lender's address, as
<br />shown near the heginning of this Oeed of Trust. Any person may change his nr her address for notices under this Deed of Trust by giving
<br />formal written notice to the other parson or persons, specifying that the purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current adrJress. Unless otherwise provided or required
<br />by law, if there is more than ono Truster, any notice given by Lender to any 1-rustor is deemed to ha notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the ethers of the notice from Lender.
<br />MISCELLANEOUS PROVISIONS. Tha following miscellaneous provisions are a part of this Peed of Trusts
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trt.istor's entire agreement with Lender
<br />concerning the matters covered by this heed of Trust. To be affective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whoever will be bound or obliyated by the change or amendment.
<br />Caption Headings. Caption headings in this Daad of Trust are for t•.onvenience purposes only and art: not to he used to interpret or
<br />define the provisions of this Ueed of 'TYust.
<br />Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest 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 Lender.
<br />Governing Law. This Daed 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 Etas been accepted by
<br />Lender in the State of Nebraska.
<br />Choice of Venus. It there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisrlicticin of the courts of Hall County,
<br />State of Nebraska.
<br />Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor
<br />shall mean each and every Trustor. This means that each Trustor signing below is responsible for elk obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also unrlerstanrls that if Lender does consent to a request, that does not mean that Trustor will not
<br />have to get Lender's consent again if tkte situation happens again. Trustor further understands that just because Len[ier consents to
<br />one or more of Trustor's requests, that does not mean Lender will be required to rgnsent to any of Trustor's future requests. Trustor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<br />Severability. If a court finds that any prnvisipn of this Ueed of Trust is not valid or should not be enforced, that fact 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 Deed of Trust may be found to be invalid or unenforceable.
<br />Successors and Assigns. Subject to any limitations stated in this Deed of 'T-rust on transfer of Trustor's interest, this Deed of Trust
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property heroines
<br />vested in a person other than Truslnr, Lender, without notice to Trustor, may deal with Trustor's su(:r..essors with reference to this
<br />heed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of
<br />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 thks Dead of Trust hereby waive the right to any jury trial kn any action, proceeding, or counterclaim brought
<br />by any party against any other party.
<br />Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Dead of Trust.
<br />DEFINITIONS. The following words shall 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 word "Borrower" rrreans STANLEY R FkANEY and NANCY J FIANEY and includes all co-signers and co-makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. The wards "Credit Agreement" mean the credit agreement dated May 4, 201 U, with credit IilTtlt Of
<br />$10,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is May 4, 2015. NOTICE TO
<br />TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />Deed of Trust. The words "Deed of Trust" mean this peed of Trust arrtong Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. Tha words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinanras
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and kiability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"-, the Superfund
<br />Amendments and Reauthorization Act of 19£36, Pub. L. No. 99-499 ("SARA"-, the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1$01, et SP.q., the Resnurre Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other apl.>licable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
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