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Lo�n No: 872058045
<br />�
<br />201407757
<br />DEED OF TRUST
<br />(Continued)
<br />Page 5
<br />to modify or vacate any automatic stay or injunction►, appeals, and any anticipated post-judgment collsction services, the cost of
<br />ssarching recprds, pbtaining title reports (including foreclosure reports�, surveyors' reports, and appraisel fees, title insurance, and
<br />feas for the Trustee, to the extent permitted by applicable law, Trustor also will pay any court costs, in addition to all other sums
<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 />POW�RS ANb OBLIGATIONS OF TRUSTEE. The following prpvisions relating to the powers and obligations of Trustee are part of this
<br />beed 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 follnwing
<br />actions with respect to the Property upon the written request of Lender and Trustor: (al join in preparing and filing a map or plat of
<br />the Real Prvperty, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any su6ordination or other agreement affecting this Deed of 7rust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all quafifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth abpve, with respect to all or any part pf the Property, the Trustee shall have the right tq foreclose by notice and sale, and Lender
<br />will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applica6le
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint e successor Trustee tn 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 additivn to all other matters required by state law, the names bf the nriginal
<br />Lender, 7rustea, and Trustor, the book and page (or camputer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, snd the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. 7he successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by appliceble law. 7his procedure for substitution of Trustee
<br />shall govern to the axclusinn of all other provisions for substitution.
<br />NQTICES. Any notice required to be given under this Dead of Trust, including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when ectually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law►, when deposited with a nationally recognized overnight courier, or, if m�iled, when deposited in the United States mail, as
<br />first class, certified or registersd maii postage prepaid, directed to the addresses shown near the beginning of this beed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lander's address, as
<br />shown near tha beginning of this Deed af Trust. Any person may change his or her address far notices under this Deed of Trust by giving
<br />formal written notice to the other person or persons, specifying that the purppse of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees tp keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required
<br />by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be
<br />Trustor's responsibility to tell the others of the nntice from Lender.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of #his �eed of Trust:
<br />Amendments. What is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of Trust. To be effective, any change or amsndment ta this Desd of Trust must be in
<br />writing and must be signed by whoever will be bound vr obligated by the change or amendment.
<br />Ception Haadings. Caption headings in this Deed of Trust are for convenience purposes vnly and are not to be used to interprat or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger ot the interest or estate created by this Daed of Trust with any other interest pr Astate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent nf Lender.
<br />Governing Law. 7his Deed of Trust will 6e governed by federal law applicable to Lender and, tp the extent not preempted by federal
<br />law, the laws of the State of Ne6raska withaut regard to its conflicts of law provlsions. This aead of Trust has been accepted by
<br />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 courts of Hall Coun#y,
<br />S#ate of Nabraska.
<br />Joint and Several Liability. All obligations of Trustor under this beed 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 all obligations in this Deed of Trust.
<br />No Waiver by Lender. Trustpr understands Lender will not give up any of Lsnder'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 l.ender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Trustar will not have to comply with the other provisions
<br />of this Deed of Trust. Trustor also understends that if Lender does consent to a request, that does not mean that Trustor will no#
<br />have to get l.ender's cvnsent again if the situation happens again. Trustor turther understands thet just because Lender consents to
<br />one or more nf 7rustor's requests, that does not mean Lender will be required to consent 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 prvvision of this beed of Trust is not valid or should not be enforced, that fact by itself will not
<br />mean that tha rest of this beed of Trust will not be velid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Dsad ot Trust even if a prnvision of this Daed of Trust may be found to be invalid or unenforcea6le.
<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 binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without nntice to Trustor, may deal with Trustor's successors with reference to this
<br />Deed of Trust and the Indebtedness by way of forbearance or extension withnut 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 vf Trust.
<br />Waive Jury. All parties to thia Deed of Trus# hereby waive the right to any Jury trial in any actian, proceeding, or caunterclaim 6rought
<br />by any party against any other party.
<br />Waiver vf Homesteed Exemption. Trustar hereby releases and waives all rights and benefits of the homestead axemption laws af the
<br />State of Nebraska as to ali Indebtedness secured by this �esd of Trust.
<br />DEFINITI�NS. The following words shall have the following meanings when ussd in this Deed of Trust:
<br />Beneficiary. The wnrd "Beneficiary" means Equita6le Bank, and its successors and assigns.
<br />Borrower. The word "8vrrower" means DAVID R TAYLOR and DAWN M TAYLOR and includes all co-signers and co-makers signing
<br />the Credit Agreement and all their successors and assigns.
<br />Credit Agreement. 7he wprds "Credit Agreement" mean the credit agreement dated October 14, 2010, Wlth Credlt IlfTllt of
<br />$80,0OO.OQ from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />of, and substitutions for the promisspry note or agreement. The maturity data nf this Deed of Trust is October 14, 2015. NOtICE TO
<br />TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions ralating to the Personal Property and Fients.
<br />Environmental Laws. The wvrds "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or tha environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. ("CERCLA"►, the 5uperfund
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