|
201007758
<br />` "` ' ' DEED OF TRUST
<br />Loan No: 808314 (Continued) Page 5
<br />Request for Notice. 7rustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of pefault and a copy of any
<br />Nvtice of Sale under this peed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of 7rust.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
<br />entitled to recover such sum as the cpurt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />caurt action is involved, and to the extent not prohibited by law, all reasona6le expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure untii repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to sny limits under applicable taw, Lender's attorneys' fees and Lander's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any "'"�utbmati�ey«.r� appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, ob�aining titl� r�iort�' {including foreqlo$ure reportsl, surveyors' reports, and appraisal fees, ti#le insurance, end fees for the
<br />Trustee, to�the ekterir peTmifted; f5y: applicable law. Trustor also will pay any court costs, in addition to all othar sums provided by
<br />law. # �,„, ,:.: ..:,' ..., ...
<br />Rights of Trustee. Trustee shall have all of the rights and duties pf Lender as set fnrth in this section.
<br />POWERS AND 08LIGATIONS 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 pnwers 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: (s) 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 on the Real Property; and (c) join in any subordination or other agreemant affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />1"rustee. Trustee shall meet all qualifications required fvr Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclosa 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 applicable
<br />law,
<br />Successor Trustee. Lender, at Lender's pption, may from time to time appoint a successor Trustee to any Trustea appointed under
<br />this peed of 7rust by an instrument execu#ed and acknowledged by Lender and recorded in the office of the recorder of HALL County,
<br />State of Nsk�raska. 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 systsm reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shell be executed and acknowledged by all the 6eneficiaries under this beed
<br />of Trust or their successors in interest. The 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 applicable law. This procadure for substitution af Trustee
<br />shall govern to the exclusion of all other provisians for substitution.
<br />NpTICES. 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 when actually delivered, when actually received by telefacsimite (unless otherwise
<br />required by law�, when deposited with a nationally recognized overnight couriar, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail 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 peed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this beed of Trust. Any person may change his or her sddress for notices under this peed of Trust by giving
<br />fprmal written notice to the other person or persons, specifying that tha purpose of the notice is to change the person's address. For
<br />notice purposes, Trustor agrees to keep Lendar informed at all times of Trustor's current address. Unless otherwise provided nr required
<br />by law, if thera 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 responsibllity ta tell the others af the notice from Lender.
<br />MISCELLANEOUS PRQVISIONS. The following miscellaneous provisions are a part of this Deed nf Trust:
<br />Amendments. What is written in this Deed of Trust and in the Relatad Documents is Trustor's entire agreement with Lender
<br />concerning the matters covered by this Deed of �rust. To be effective, any change or amendment to this Deed of Trust must be in
<br />writing and must be signed by whvever will be bound or obligeted by the change or amendment.
<br />Caption Headings. Caption headings in this Oaed of Trust are for convenience purposes only and are not ta be used to interpret or
<br />define the provisions of this Deed of Trust.
<br />Merger. There shall be no merger of the interest or estate created by this peed of Trust with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in eny capacity, without the written consent of Lender.
<br />Governing Law. This Deed of Trust will 6e governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of #he State of Ne6raska without regard to its conflicts of law provisions. This peed of Trust has hesn accepted hy
<br />Lender in the State of Nebraska.
<br />Choica of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County,
<br />State of Ne6raska.
<br />No Waiver by Lender. Trustor undarstands Lender will not give up any of Lender's rights under this I�eed 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 understands 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 the situation happens again. Trustor further understands that just because Lender consents to
<br />one or more of Trustar's requests, that does nvt 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 />5everability. If a court finds that any provision of this Deed af 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 6e valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Deed of Trust even if a provision qf this peed of Trust mey ba found to be invalid or unenforneable.
<br />__...._...__ _. . -- -
<br />.Y_ — , - - _ - --- -----
<br />Successors and Assigns. Subject to eny limitations stated in this Daed af Trust on transfer of Trustor's interest, this Deed af Trust
<br />shall be 6inding upon and inure to the benefit of the parties, their successars and assigns. If ownership of the Property becomes
<br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this
<br />Daed of Trust and the Indebtedness by way ot forbearance or extension without releasing Trustor from the obligations of this beed 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 />W�ive Jury. All parties to thts Dsed qf Trust hereby waive the right to any jury triel in any action, proceeding, or caunterclaim brought
<br />by any party against any other party.
<br />Walver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homsstead exemption laws of the
<br />State of Nebraska as to all 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 "Beneficiary" means Equita6le Bank, and its successors and assigns.
<br />8vrrowar. The word "Borrower" means COLLEEN E LANGE and includes all co-signers and co-makers signing the Note and all their
<br />successors and assigns.
<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 relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Envirvnmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />
|