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� 201109747
<br /> DEED OF TRUST
<br /> Loan No: 10001021 (Continued) Page 7
<br /> invalid or unenforceable.
<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 tNe 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 obligaYions of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence fn the petformance of this Deed of Trust.
<br /> Waive Jury. All parties to�this Deed of Trust hereby waive the right to any jury trial in aoy action,proceeding,or
<br /> counYerclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemptian. Trustor hereby releases and waives all rights and 6enefits of the�homestead
<br /> - exemption laws of the State of Nebraska as to aff Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means MICHAEL J HOLLISTER and SHEILA A HOLLISTER 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" meart this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes wiYhout limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> EnvironmeMal Laws. The words "Environmental Laws" mean any and all state, federal and local statates,
<br /> regulations and ordinances relating to the protection of human health 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,et seq. !"CERCLA"),the Superfund Amendments and Reauthorization Act ot 1986, 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 staie or federal laws,rules,
<br /> or regulations adopted pursuanY thereto.
<br /> Everrt of Default. The words"Event of 4efault"mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> � Existing Indebtedness. The words "F�isting Indebtedness"mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust. .
<br /> Guarenty. The word"Guaranty"means the guaranty from guarentor,endorser,surety,or accommodation party to
<br /> Lender,includi�g without limitation a guaranty of all or part of the Note. �
<br /> Hazardous Subsfances. The words "Hazardous Substances" mean materials tFrat, because of their quantity,
<br /> concentration or physical,chemical or infectious characteristics,may cause or pose a present or potential 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 /> includ8 without limitation any and all hazardous or toxic substances, materials or wast8 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 "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, together with all re�ewals of, extensions of, modifications of,
<br /> consolidatio�s of and substiwti�ons 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 entorce Trustor's
<br /> obligations under this Deed of Trust,together with„in#�.vest on such amounts as provided in this Deed of Trust.
<br /> . Lender. The word-:"Lettder""�means Equitable Bank,�its successors and assigns. The words "successors or
<br /> assigns"mean any�person or company"�Y acqui�`es any interest in the Note.
<br /> Note. The word'"Note" means thg promissorynote�datetl December 20, 2011, i11 th2 original principal
<br /> amount of$27.;62.S.6G from Trustor to Lender,together with all renewals of,extensions of,modifications of,
<br /> refinancings of, arnsolfdations of,and substitutions for the promissory note or agreement. The maturity date of �
<br /> this Deed ofi Trust is December 2Q 2076.
<br /> Personal Proparty. The words "Personal Property" mean all equipment, fiMUres, and other artides of personal
<br /> property now or hereafter owned by Trustor; and �ow or hereafter attached or affixed to the Real Property;
<br /> together with all accessions, par[s, 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 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 /> �eed 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, collateral mortgages,. and all other instruments, agreements antl�documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> oihee benefits derived from the Property. - �
<br /> Trustee. The word"Trustee" means Equitable Bank(Grand Island RegioN,whose addre5s is 113-115 N Locust
<br /> St;PO 8ox 160,Grand Island,NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means MICHAEL J HOLLISTER and SHEILA A HOLLISTER.
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