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201109704
<br /> DEED OF TRUST
<br /> Loan No: 810286 (C011tlttUed) Page 7
<br /> No Waiver by Lendea Lender shall not be deemed to have waived any righYS under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Leoder in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision ofi this Deed ofi Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Deed of Trust. No prior wafver by Lender, nor any course of dealing
<br /> between 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 conseM of Lender is required under this Deed of Trust,the granting
<br /> of such consent by 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 of Lender.
<br /> � Seve�abiliYy. If a court of competent jurisdiction finds any provision ofi this Deed of Trust to be illegal,invalid,or
<br /> unenforceable as to any person or circumstance,that finding shall not rnake the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be aonsidered
<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 /> unenforceatiility of any provision of this Deed of Trust shall not affect the legality,validity or enforceability of any
<br /> other provision of this Deed of Trust.
<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 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 obligations of this Deed of Trust or liability under the Inde6tedness.
<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 the right to any jury trial in any action,proceeding,or
<br /> counterclaien 6rought by any party against any other party.
<br /> Waiver of Homestead 6cemption. 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 ihis 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 shall mean amounts in lawful money
<br /> of the United States of America�. Words and terms�used in the singular shall include 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 Uniform Commercial Code:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and.its successors and.assigns.
<br /> Borrower. The word "Borrower" means �OUGLAS J REDMAN and NANETTE P REDMAN and includes all
<br /> co-signers and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among T�ustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The.word"Default"means the Default set forth in this Deed of Trust in the section titled"Defiault":
<br /> Environmental Laws. The_words "Environmental Laws" mean any and all state, federai and local statutes,
<br /> regufations and ordinances.�.relating.to the protection of haman health or the environment, includi�ng without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C. Section 9601,et seq. ("CERCLA"1,the Superfund Amendments and Reauthorization Act of 19�86,Pub. L.
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section"1801,et seq.,the Resource
<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 wotds"Event of Default"mean any of the events of default set forth in this Deed of Trust in
<br /> the evenfs of default section of this Deed of Trust.
<br /> Existing Indebtedness. The words"Existing Inde6tedness"mean the indebtedness described in the Existing Liens
<br /> provision ofi this Deed of Trust:
<br /> Guaranty. The word"Guaranty"means the guaranty from guararrtor,endorser,surety,or accommodation party to
<br /> Lender,induding without limitation a guaranty of all or part of the Note�.
<br /> Hazardous Substareces. The wortls "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physkal, chemical or infectious characteristics,may cause or pose a present or potential hazard
<br /> to human health or the environment when improperly used,Veated,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 antl all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the EnvironmeMal 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 "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions, replacements and other construction on the Real
<br /> � Property. �
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, togeiher 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 TrustoPs obligations or expenses incurred by Trustee or Lender to enfoPce Trustor's
<br /> obligations under this Deed of Trust,togetMer with interesi on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Intlebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with all interest thereon and all amounts that may 6e indirectly secured by the
<br /> Cross-Coliateralization 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 tlated December 20, 2011, in th0 Ori9inal prinCipal
<br /> elttOUnt Of$10,261.00 from Trusior to Lender,together with all renewals of,e�ensions of,modifications of,
<br /> refinancings of,consolidations of,and subst[tutions for the promissory note or agreement.
<br /> . Personal Properry: The words "Personal P�operty" mean all equipment, fixtuees, and other articles of personal
<br /> property now or hereafter owned by Trustor,. and now or hereafter attached or affixed to the Real Property;
<br /> together with 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 disposition of the Proper[y.
<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 furcher described in this
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