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201108094
<br /> DEED OF TRUST
<br /> Loan No: 0872058385 (Continued] Page 6
<br /> Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shali have the power to
<br /> take the following actions with respect to the Property upon the written request of Lender and Trustor. (a)join in
<br /> preparing and filing a map or pfat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b)join in granYing any easemeni or creating any restriction on the Real Properry; aod (c) join in any
<br /> - subordination or oiher agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust:
<br /> Trustee. Trustee shall meet all qualificaYions required for Trusiee under applicable law. In addition to the rights
<br /> and remedies set forth above,with respect to all o.r any part ofi the Property,the Trustee shall have the right to
<br /> foreclose 6y notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in
<br /> accordance with and to the full eztent provided by applicable law..
<br /> � Successor Trustee. Lender,at Lender's option,may from time m iime appoint a successor Trustee to any Trastee
<br /> appointed under this �eed of Trust by an instrument executed and acknowledged by Lendet and recorded in the
<br /> office of the recorder of HALL County, State of Nebraska. The instrument shall cont8in, in addition to all other
<br /> matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page (or
<br /> computer system reference) where this Deed of Trust is recorded, and the name and address of ihe successor
<br /> trustee,and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed of Trust or
<br /> their successors in interest. The successor trustee,without conveyance of the Property,shall succeed to aIl the
<br /> title,power,and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
<br /> � substitution of Trustee shall govem to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice requiretl to be given under this Deed of Trust,including without limitation any notice of default
<br /> and any notice of sale shall be given in writing,and shall be effective when actually delivered,when actually received
<br /> tiy telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if
<br /> mailed,when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to
<br /> the addresses shown near the beginning of ihis Deed of Trust. All copies of notices of foredosure from the holder of
<br /> any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of
<br /> this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal
<br /> written notice to the other person or persons, specifying that the purpose of the notice is to change the person's
<br /> address. For notice purposes,Trustor agrees to keep Lentler informed at all times of Trustor's current address. Unless
<br /> otherwise provided or required by law,if there is more than one TrusTOr,any�Qtice given by Lender m any Trusior is
<br /> deemed to be notice given Yo all Trustors. It will be Trustor's responsibility to tell the others of the notice frorn Lender.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
<br /> � Amendments. What is written in this Deed of Trust and in Yhe Retated Documents is Trustor's entire agreement
<br /> with Lender conceming the matters covered by this Deed of Trust. To be effective,any change o�r amendment to
<br /> this Deed of Trust must be in writing and must be signed 6y whoever will be bound or obligated by the change or
<br /> amentlment
<br /> Caption Headings. Caption headings in this Deed of TPust are for convenience purposes only and are not to be
<br /> used io interpret or define the provisions of this Deed of Trust.
<br /> Merger. There shall be no merger of the interesY or estate created by this Deed of Trust wiYh any other interest or
<br /> estate in the Property at any time held 6y or for the benefit of Lender in any capacity,without the written consent
<br /> of Lender. .
<br /> Governing Law. This Deed of Trust will be govemed by federal law applicable to LendeY and,to the extent not
<br /> preempted by federal law,the laws of the State of Nebraska without regard to its conflicts of law proaisions. This
<br /> Deed of Trust has 6een accepted by Lender in the State of Ne6raska.
<br /> Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request m submit to the jurisdiction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Joint and Several Liability. Ail obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several,and ali references to Trustor shall mean each and every Trustor,and all re#erences to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all o6ligations in this Deed
<br /> of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust
<br /> unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
<br /> � Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean.Trustor will not have to comply with the other provisions of this Deed of Trust Trustor also understands
<br /> � that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent�
<br /> again if the situation happens again. Trustor furttier understands that just because Lender consents to one or more
<br /> of Trustor's requests,that does not mean Lender v✓ill be raquired to consent to any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonot.
<br /> Severability. If a court finds that any provision of this Deed of�Trust is not valid or should not be enforced,that
<br /> fact hy itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court wiil
<br /> 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
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure co tFie benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Inde6tedness by way of forbearance or
<br /> eztension without releasing Trustor from the obligations of this Deed of 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 this Deed of Trust hereby waive ihe right to any jury trial in any aciion,proceeding,or
<br /> counierclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trusior hereby releases and waives all rights a�nd benefits of the homestead
<br /> . exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The fiollowing 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" means JAMES CAMPLIN and JESSICA CAMPLIN and includes all co-signers and
<br /> co-makers signing the Credit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreement dated Octo6er 24, 2011, Wifh
<br /> credit IlfTtit of $5,000.00 fYOm Borrower io Lender, together with all renewals of, extensions of,
<br /> modifications of, refinancings of, consolidations of,and substitutions for the promissory note or agreement. The
<br /> maturity date of tliis Deed of Trust is October 24, 2076. NOTICE TO TRUSTOR: THE CREDIT AGFiEEMENT
<br /> 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
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