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201109745 DEED OF TRl1ST Loan No:870282 (Con$inueCl) Page 7 several,and all refere�ces to Trustor shail mean each and every Trustor,and atl references to Borrower shall mea� each and every Borrower. This means that each Trustor signing below is responsi6le for all obligations in this Deed of Trust. Where any�one or more of the parties is a corporation, part�ership, limifed liability company or similar entity,it is not necessary for Lender to inquire into the powers of any of the officers,directors,partners,members, � or other agenTS acting or purporting to act on the entity's behalf,and any o6ligations made or created in reliance upon the professed exercise of such powers shall 6e guaranteed under this Deed of Trust. No Waiver by Lender. �ender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right � shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed oi Trust � shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of fhis Deed of Trust. No prior waiver by Lender,. nor any course of dealing between Lender and Trustor,.shall constitute a waiver cf any of Lender's rights o�r of any ofi Trustor's obligatians as to any future iransactions. Whenever the consent ofi Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid, or unenforceable as to any circumstance; that finding shall not make the offending provision illegal, invalid, or unenforceable as.to any other circumstance. If feasible,the offending provision shall be considered modified so Yhat it becomes legal, valid and enforceable. If the. offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise requlred by lew, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust snall not affect the legality,validity or enforceability of any other provision of this Deed of Trust. � � Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be bi�ding 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 nntice�to Trustor,may deal with Trustor's successors with reference to this Deed of Trust and the Inde6tedness by way of forbearaoce or extension without releasing Trustor from the obligations of this Deed of Trust or li�ability 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 Trust hereby waive the right to any jury trial in any action,.proceeding,or counterclaim brought bv any party against any other party. � Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIOBLS. The following cap�italized-words and terms shall have the following meanings when used in this Deed of Trust: Unless specifically stated°to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America.. Words and terms used in the singular shall include the plural, and the piural shall include the singular,as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The�vord"Beneficiary"means Equitable 8ank,and its successors and assigns. � Borrower. The word "Borrower" means JOHN B MCDERMOIT and DEBRA K MCDERMOTT and includes ali co-signers and co-makets 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 securi�ty interest provisions relating to the Personal Froperty and Renis. Default. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default". � Environmental Laws. The words "Environmental Laws" mean any and all state, fiederal and local statutes, regulations aod.ordinances relating ta the protection of human health or the environmeM, including without limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42 U.S.C.Section 9601,et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901�,et seq.,ot other applicable state or federal laws, rules, orregulations adopted pursuantihereto. . Event of Default. The words"Event of Default"mean any of the events of default set forth in this Deed of Trust in � the events of default section�of this Deed of Trust. � Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of a�y or all of the Indebtedness. � GuaranYy. The wo�d "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part ofi the Note. � Hazardous Substances. The words "Hazardous Su6stances" mean materials that, because of their quantity, concentration or physical,chemical or infectious characteristics,may cause or pose a present or potential hazard to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured, Transported or otherwise handled. The words"Hazardous Subs2ances"are used in their very broade5t sense and include witRout limitation any and all hazardous or Yoxic substances, materials or waste as defined by or listed under the Environme�tal Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and. petroleum by-products or any fraction thereof and asbestos. Impiovements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions,replacements and other construc'[ion on.the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obGgaiions or expenses incurted 6y Trustee or Lender to enforce Trastor's obligations under this 6eed of Trust,together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indetitedness .includes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed ofi Trust. Lender. The word"Lender"means Equitable Bank,its successors and assigns. � NoYe. The word "Note" means the promissory note dated December 23, 2011, irl the original principal amount of 545,311 J6 from Borrower to Lender,together with all renewals of,e�ensions of,modifications of,tefinancings of,consolidations of,and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal