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201109703
<br /> DEED OF TRUST
<br /> Loan No: 810280 (Contillued) Page 7
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validity or enforceabiliry of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any li�mitations stated in this Deed of Trust on transfer of Trustor'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 /> 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 Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obiigations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in Yhe performance of this Deed of Trust.
<br /> Waive Jury. All parties to this Deed of Trust here6y waive the right to any j�ry trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as m all IndebYedness secured by this Deed ofi Trust . �
<br /> DEFINITIONS. The following capitalized words and terms shall have the foilowing meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used in the singular shall indude the plural, 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 Unifoem Commercial Code:
<br /> Beneficiary. The word"Benefciary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means JORGE A CORRAL and BERTHA E CORRAL and indudes all co-signers
<br /> and co-makers signing the Note and ail their successors and assigns:
<br /> Deed of Trust. The words "Deed of TrusY' mean this Deed of Trust among Trusto�, �ender, and Trustee, and
<br /> indudes without limitation alt assignment and security interest provisions relating To the Personal Property and
<br /> Rents.
<br /> Defauit. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default".
<br /> Environmental Laws. The words "Environmental Laws" mean any and ail state, federal and locaf statutes,
<br /> regulations and ordinances relaiing to the protection of human heaPfh or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,eY seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub. L..
<br /> No.99-499 f"SARA"),.the Hazardous Materials Transportation Act,49 U.S.C.Section 1807,et seq.,the Resouroe
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or regulations adopted pursuant thereto:
<br /> Event of Default. The words"Event of DefaulY'mean any of the events of default sex forth in this Deed of Trust in
<br /> the events of default sec[ion of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or�accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials tha�t, because of their quantity,
<br /> concentration or physicai, chemical or infectious characteristics, may cause or.pose a present or potential hazard
<br /> to hum��an health or the environment when improperly used,treated,stored,disposed of,generated,manufactured, �
<br /> transported or otherwise handled. The words"Hazardous SubsYances"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 the 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 word '9mprovements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed oe�the Real Property,facilities, additions, replacements and.other construction on the Real
<br /> Property.
<br /> Indebtedness� The word "Inde6tedness" means all principal, iMerest, and oiher amounts, costs and expenses
<br /> paya6le under the Note ot Related Documents,.mgether with alf renewals of, extensions of, modifications of,
<br /> consolidatiorts of and subsiituYions for the Note or Relatetl�ocuments and any amounts expended or advancetl by
<br /> Lender to discharge Trustor's obligations or expenses incurred 6y Trustee or Lender to enforce TrusYOr's .
<br /> o6ligations under this Deed of Trust,together with interest 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, Yogether with afl �interest thereon and all amounts that may be indirectiy secured by the �
<br /> Cross-Collateralization provision of this Qeed of Trust.. �
<br /> Lander. The word"Lender"means Equeiable Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 20, 2011, Itl $h0 original principal
<br /> amount of 525,758.38 from Trustor to Lender,together with all renewals of,extensions of,modifications of,
<br /> refinancings of;consolidations of,and substitutio�s for the promissory note or agreement.
<br /> Personal Property. The words "Personal Properry" mean all equipment, fixtures, and other artides of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> � together with aA�accessions, parts, and additions to, all replacements of, and all su6stitutions 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 dispositian of the Property. - �
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the real property,interesTS and rights,as further described in this
<br /> Deed of�Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreemenfs, loan
<br /> � agreements; environmec�tal agreements, guaranties, security agreemenfs, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents. The word "RenYS" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word"TrusYee" means Equitable Bank(Grand Island Region), whose address is 113-115 N Locust
<br /> St;PO Box 1 6D,Grand Island,NE .65802-0160 and any substitute or successor Yrustees..
<br /> Trustor. The word"Trustor"means JORGE A CORRAL and BERTHA E CORRAL
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