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� � 201109475
<br /> DEED OF TRUST
<br /> Loan No:810287 (COflt9nued) Page 7
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trusi
<br /> shall not prejudice or constitute a waiver ofi Lender's right otherwise to demand strict complian�ce with that
<br /> provision or any other prov4sion of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> hetween Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any of Trustor's o6ligations �
<br /> as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent 6y Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion ofi Lender.
<br /> Severability. If a court of competent jurisdiction finds 2ny provision of this Deed of Trust to be il�legaf, invalid,or
<br /> unenforceabie as to any person or circumstance,that finding shall not make the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasi6le,the offending provision shall be considered
<br /> modified so that it becomes legal,valid and enforceable. if the offending provision cannot be so modified,it shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceabilify of any
<br /> other provision of this Deed of Trust.
<br /> Suecessors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shal!be bi�ding upon and iriure te the benefit of the parties,Yheir 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 wiih reference to this Deed of Trust and the Indebtedness by way of forhearance or
<br /> extension 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 tFie essence in the performance of this Deed�of Trust.
<br /> Waive Jury. All parties to this Deed af Trust hereby waive the right to any jury triaF in any acteon,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead 6cernption. Trustor hereby releases and waives all rights and 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 following capitalized words and terms shall hAVe the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,all references to dollar amounts shali mean amounts in lawful money
<br /> of the United States of Ame�ica. Words and terms used in the singular shall include the pluraf,and the plural shall-
<br /> include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means DANNY L KUNZE and SUSAN M KUNZE and includes all co-signers and
<br /> co-makers slg�ing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Deiault. The word"Default"means the Default set forth in this Deed of Tr�st in the section titled"Detault".
<br /> Environmental Laws. The words "Environmenfal Laws" mean any aod all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, induding�without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Lia6ility Act of 1980,as amended,42
<br /> U.S.C.Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No.99-499("SARA"),the Hazardous Materials TwnsporTation Act,49 U.S.C.Section 1807,et seq.,the Resource
<br /> Conservatiop and Recovery Act,42 U.S��.C.Section 6907,et seq.,or other applicable state oe federel laws,rules,
<br /> orregulations adopted pursuaM�thereto. �
<br /> Everrt of Default. The words"Event of Default"mean any of tlie events of default set fnrth in this Deed of Trust in
<br /> the events of default section oP this�eed�of Trust. . . � �
<br /> GuaraMy. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or�accommodation party to
<br /> Lentler,including without limitation a guaranty of ali or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantiiy, �
<br /> concentravon or physical,chemical or infectious characteristics, may cause or pose a present or pofiential hazard
<br /> to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,
<br /> transported or otherwise handled. The words"Hazardous Substances�"are used in their very broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under fhe Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos. �
<br /> Improvements.� The wohd "Improvements" means aIl existing and future improvements, buildings,. structures,
<br /> mo6ile homes affixed on the Real Property,facilities,additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. �The word�"Indebted�ess" means all principal, interest, and other amounts, costs and expenses
<br /> payable under tNe Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended.or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under ihis Deed of Trust,together with iMerest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with ap interesT thereon and zll amounts that may 6e indirectly secured by the
<br /> Cross-Collateralization provision of this Deed of Trust. �
<br /> Lender, The word"Lender"means Equitable Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 19,. 2071, in th0 original principal
<br /> amoun$of$150,000.0�from Trustor to Lender,together with all renewals of;extensions of, modifications
<br /> of,refinancings of,consolidations of,and substitutions for the promissory note or agreement.
<br /> Personal Property. The wortls "Personaf Property" mean all equipment, fixtures, and other articles of person2l
<br /> property now or hereafter owned by Trustor, and nom� or hereafter attached or affixed to the Real Property.;
<br /> together wi[h all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> � property; and together with all proceeds {including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or other dispositio�n of the Property. .
<br /> Property. The word"Property"means collecYively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the real property,interests and rights,as rurther described in this
<br /> Deed of Trust. �
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, coll�aceral mortgages, and all other inst�uments, agreeme�ts and� documents, whether now or hereafter
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