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201108154
<br /> dEED OF T'RUST
<br /> Loan No: 872055393 (Colltinued} Page 6
<br /> take ihe fnllowing ac�ions with respect to the Property upon the v�ritten reguest o4 Lender and Trus:or: (a}join in
<br /> preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the
<br /> public; (b)join in yrantiny any easement or creating any restriction on the Fieal Property; and {c) jcin in any
<br /> subordination or other agreement affecting this Deed of Trust or thc interest of Lender under this�eed of Tnlst.
<br /> Trustee. TrustPe shall rroeet al!qualifications requir°d for Trustee under applicable law. In adCition to the rights
<br /> and remedies set forth abo�a,with respect to all or any part of the Aroperty,the Trustee shall have the right to
<br /> foreclose by notice and sele, anti Lender m�il]have tfie righ:to forecEose by judicial foreclosure, in either case in
<br /> accordance with end to Ehe full extent proviccd by applicablc lauv.
<br /> Saccessor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trusxee 10 any Trustee
<br /> appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the
<br /> office ot ihe recorder of HALL County, Stabe of Nebraska. The instrument shall contain, in addition to all other
<br /> matters required by state law, the names of thc original Lender, Trustee, and Trustor, the book and page �or
<br /> computer system reference� where this Deed of Trust is recarded, and the name and address of the successor
<br /> trustee,and tha insrrumenr sBall be executed and acknowledged}�y al[the beneficiaries under ihis Deed oF Trus�or
<br /> lheir successors in interest. The successor trusxee,without con�eyance of the Property,shall succeed to all the
<br /> tit[e,pvwer,and duties conferre�upon the Trustee in this Deed of Trust and by applicab[e law. 7his procedure for
<br /> substiMi�n of TrusYee shalE govem to the exclusion of all other provisions for substitution.
<br /> NOTICES. Any notice required co 6e given under chis Qced of Trust,induding without limitation any notice of defauEt
<br /> end any nolice of safe shall be given in writir�g,and sFal[be effective when actuaL'y delivered, �vhen actually received
<br /> 4y telefacsimile{un3ess otherwisc required by law),when dep05iY0d with 8 neti0nally recognized overnight courier,or,if
<br /> mai[ed,when deposiied in tBe United States mail,as firs.class,certified or rec�istered maif postac�e prepaid,directed to
<br /> 2he eddresses shnwn near the heginning of this Deed of Tn[st. All copies of nptices of foreclosure from the holder of
<br /> any lien which has priority over this Deed of Trust shal[be senY Yo Lender's address,as shown near the beginning of
<br /> this Deed of 7rust. Any person may change liis or her address for notices under this Deed of Trust by giving formal
<br /> �vritten notice to the other person or persons, spccifying thaY the purpose of the notice is to change the person's
<br /> addreas. For notice purposes,TrusYOr agrees to keep Lender intormed at a;l times of Trustor's current address_ Unless
<br /> otherwise provided nr required 6y lav�,if there is morc than onc Trustor,any notice given by Lender to any Trustor is
<br /> deerned Lo l�e nouce given to all TrusYOrs. h�vill be Trustor's responsi6ili,ry to tell the others ofi the notice from Lender.
<br /> MISCELlANEOUS PROVISIONS. The folloavSng miscellaneous provisions are a part of this Deed of Trust:
<br /> Arreendments. What is varitten in this Deed of Trust and in the Related Documen.s is Trustor's entire agreemeRt
<br /> with Lender concerning the matters co�erea by this Deed of Trusc. To be e`fective, any change or amendment to
<br /> this Deed of Trust musT be in�vriting and must be signed 6y Hrhoever wili he bound or obligated by Ehe change or
<br /> amendment.
<br /> Caption Headings. Caption headings in this Deed of Trust are for conuenience purposes only and are not to be
<br /> used to interpret or define the pravisfons of this Deed oi Tr�sY.
<br /> Merger. There shell he no merger of ihe interest or estate created by this Deed of Trust with any other interest or
<br /> estate in�he Property at any time held by or for the benefit of Lender in any capacity,wi:hout the written consent
<br /> af Lender.
<br /> Governing Law. This Lleed of Trust wil[be governed by federal law applicahEe to Lender and,to the extettt not
<br /> preempted hy federal law,the laws of the StaYe of Nebraska wixhoux regard ta its conflicts of law provisions. This
<br /> Deed of Tr�ut has been accepted by Lender in the State of Ne6raska.
<br /> Choice of Venue. If there is a lawsuit,Trestor agrees upon Lender's requesi to submit to the jurisd'[ction of the
<br /> courts of Hall County,State of Nebraska.
<br /> Jvint end SevereE LiebiliEy. All obligations of Tr�sYOr under thls Deed of Trust shall be joint and several,and all
<br /> rafer�znces to Trustor shali mean each and every Trustar. This means that each Trustor signing below is
<br /> responsible for all ohliggtion5 in rhis Deed of Trust. " �
<br /> No Waiver 6y Lender. Trustor understands Lender v✓ill nat give up any of Lender's rights under this Qeed of Trust
<br /> unless Lender does so in writing. The fac:that Lender delays or omits to exerc[se any right will not mean that
<br /> Lflnder has given up that right. If Lender does agree in writing to give up one of Lender's rights,thai does not
<br /> mean Trustor v✓i€I not have to comply with ihe Other provfsions oi this Deed ot Trust. Trustor also understands
<br /> that if Lender does consBnt to a request, that does not mean that Trustor will not have to get Lender's consent
<br /> again if the siEuat�on happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests,that does not mean Lender will be reqaired to consent to any of Trustor's future requests.
<br /> Trustor wai�es presentment,demand tor payment,protest,and notice of dishonor.
<br /> Se�erabil'rty. If a couri finds that any pro�isEon of this Deed of Trust is noY valid or should not be enforced,that
<br /> fact 6y itself will not mean that the rest of this Oeed 4f TrusY uvill not be vaiid or enforced. Therefore,a court wlll
<br /> anforce Yhe rest o;the provisions of this Deed of Trusi even if a provision of this Deed of Trust may be found to be
<br /> invalid or unenYorceable.
<br /> Succassors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trus.or's interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ouvnership Of thg PrOperiy becomes vested in a person other than Trusmr, Lender,withoux notice:o Trustor,may
<br /> deal with Trustor's successors mrith reference to this Qeed of Trust and the Inde3�tedness hy evay of far6earance or
<br /> extension without releasing Trustor from the ool3gations of this�eed af Trust ar lia6ility under the Indebiedness.
<br /> Tme is of the Essence. Time is of the essence in the performance af this�eed of Trust.
<br /> Waive Jury. AI!parties ta this Deed of Trust hereby waive the right to any jury trial in any action,procesdiog,or
<br /> caurtterclaim 6rought 6y any party against any other pxrty.
<br /> Waiver of Homestead Facemption. Trustor here6y releases and wai�es all rEghts and benefits of the homestead
<br /> exemption laws of the State of Kebraska as to all Inde6tedness secured by xhis Deed of Trust.
<br /> 6EFINITIONS. The fo]lovaing words shall have the fo�lowing meanings when used in this Deea of Trust:
<br /> Banafiiceary. The word"Beneficiary"means Equitab[s 6ank,and its successors and assigns.
<br /> 6ortower. The vaord"Sorrower"means RICHARD H BAASCH and ARLENE M BAASCH and inC[udes all co-slgners
<br /> and co-makers s€gning the Cradit Agreement and all their successors and assigns.
<br /> Credit Agreement. The words "Credit Agreement" mean the credit agreernent dated Ociober 25, 2011, Wlth
<br /> credit limit of 530,000.00 from Trusxor to Lender,together w'rth all rene�vals of,extensions of,modi;ications
<br /> ot,refinancings of,consolidations of,and substitutions for ihe promissory note or egreemenY. The mat�rlty date of
<br /> this Deed of 7rust is QCtobBr 25, 2016. NOTICE TO TRLISTOR: THE CREDIT AGIiEEMENT CONTAINS A
<br /> VARIABLE INTEREST RATE.
<br /> Deed of Trust. The words "Dezd af 7rust" mean t[�is Deed of Trust among Trustor,Lender, and Trustee, and
<br /> includes without]imitation a[I assignment and security interest provisions releting ta the PersOnal PrOpOrty ant[
<br /> Rents.
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