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� 201109048 DEED OF TRUST Loan No: 10000741 (COtltll�ued) Page 6 Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,with respect to all o�any part of the Property,the Trustee shall have the right to foreclose by notice and sale, and Lender wili have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender,at Lender's option,may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of HALL County, State of Nebraska. The instrument shail contain,in addition to all other matters required by state law, the names of the orig�nal Lender,.Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the successor trustee,and the instrument shall be executed and acknowledged 6y all the beneficiaries under ihis Deed of Trust or . their successors in interest. The successor trustee, without co�veyance of the Property,shall succeed to all the title,power,and duties conferred upon the Trustee in this Deed of Trust and 6y applicable law. This procedure for substitution of Trustee shall govern to the exclusion of 211 other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile(unless otherwise required by lawl,when deposited with a nationally recognized ovemight courier,or,if mailed,when deposited in the United States mail,as first cless,certified or registered mail postage prepaid,.directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address,as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes,Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless � otherwise provided or required by law,if there is more than one Trustor,any nofice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. � MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amentlments. What is wriT[en in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective,any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or o6ligated by the change o� amendment. . � Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of T�ust. 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 Property at any time held by or for the benefit of Lender in any capaciry,without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted 6y federal law,the laws of the State of Nebraska without regard to its conflicts ofi law provisions, This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there is a lawsuit,Trustor agrees upon Lender's request to submit to the jurisdiction of tlie courts of Hall County,State of Nehraska. Joint and Several Liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. Tliis means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lende�does 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 does agree in writing to give up o�ne of Lender's rights,that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands that'rf Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor fiurther understands that just 6ecause Lender consents to one or more of Trustor's requests,that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment,demand for payment,protest,and natice of dishonor. Severability. ff a court finds that any provision of this Deed of Trust is not valid or should not be enforced,that faci by itself will not mean that the test of this Deed of Trust will not be valid or enforced. Therefore,a court will 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 invalid or unenforceable. � � Successors and Assigns. Subject to any limitations stated in this Deed nf Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor,may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. . Waive Jury, All parties to this Deed of Tmst hereby waive the right to any jury trial in any action,proceeding,or . counterclaim brought by arty party against any other party. Waiver of Homestead Exemption.. Trustor he�eby �releases and waives all rights antl bene#its of the homestead exemption laws of the State of Nebraska as to aIl Indebtedness secured by this Deed of Trust. DEFINI710NS. The follouving words shall have the following meanings when used in this Deed of Trust: BeneSciary. The word"Beneficiary"means Equitable Bank,and its successors and assigns. Borrower. The word"Borrower"means MOSES J CAMPOS and NIKKI L CAMPOS antl inclutles all co-signe�s and co-makers signing the.Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federaf and local statutes, regulations and ordinances relating to xhe protection of human health or the environment, including without limitation the Comprehensive Environmental Response;Compensation,and Liability Act of 1980,as amended,42 U.S.C.Section 9601,et seq. 1"CERCLA"L the Superfund Amendments and Reauthorization Act of 1986, Pub.L. � No.99-499(°SARA"),the Hazardous Materials Transportation Act,49 U.S.C.SecYion 1801,et seq.,the Resource Conse�vation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federel laws,rules, or regulations atlopted pursuant thereto�. Event of Default. The words"Event of Default"mean any of the events of default set forth in this Deecl of Trust in the events of default section of this�Deed of Trust.