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201109750
<br /> DEED OF �fRUST
<br /> Loan iVo: 10600931 (ContlnUed) Page 7
<br /> mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands
<br /> that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents Yo one or more
<br /> of Trustor's requests,�that does not mean Lender will be required to consent to any of Trusmr's future requests.
<br /> Trustor waives pres�entment,demand for payment,.protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deetl of Trust is not valid or should not be enforced,that
<br /> fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the.provisions of this Deed of Trust even if a provision.of this Deed of Trust may be found to be
<br /> invalid or unenforceable.
<br /> . Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfier of Trustor's interest,
<br /> this Deed of Trust shall be binding upon and inure to 2he 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 Trusior,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 firom the obligations of ihis Deed of Trust or liability�nder the Indebtedness.
<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 /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead F�cemption. Trusmr Nere6y releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured 6y this Deed of Trust.
<br /> DEFINIT.IONS. 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 /> Botrower. The word"BOrrower"means JIM KUHN and TRACY L KUHN and includes all co-signers and co-makers
<br /> signing the Note and ali their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this �eed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personai Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and 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 Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601,et seq. f"CERCLA"},the Superfund Amendments and Reauthorization Act ofi 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 applica6le state or federai laws,rules,
<br /> orregulations adopted pursuantthereto.
<br /> Event of Default. The words"Event of Default"mean any af the events of default set forth in this Deed of T�ust in
<br /> the events of default section of this Deed of Trust.
<br /> Eristing Indebtedness. The words"Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,s��urety,.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 that, because of their quantity,
<br /> co�centration or physical,chemical orinfectious 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 /> 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 6y-prbducts or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on thz 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 DocumeMS, together with all renewals of, e�ens[ons 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 Lendee to enforce TrusYOr's
<br /> obli.gations 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 ad�ances set forth in the Future Advances
<br /> provision of this Deed of Trust,together with ail interest thereon.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns. The words "successors or
<br /> assigns"mean any person or company that acquires any interest in the Note.
<br /> Note. The word "Note" means the promissory note dated December 20, 2017, 111 the original principal
<br /> amount of$65,000.00 from Trustor to Lender,together with all renewals of,extensions of,modifications of,
<br /> refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is June 28,2012.
<br /> Personal Property.� The words "Personal Property" mean all equipment, fixtu�es, 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 fior, any of such
<br /> propetty; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale o�other disposition of the Property.
<br /> Property. The word"Property"means collectively the Real Property and the Personal Property.
<br /> Real Proper8y. The words"Real Property"mean the real property,interests and righYS,as further 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, collateral mor[gages, and all other instruments, agreements and documenfs, 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 /> other 6enefits derived from the Property.
<br /> Trustee. The word"Trustee" means Equitable Bank(Grand Island Region),whose address is 713-115 N Locust
<br /> St;PO Boz 760,Grand Island,NE 68802-0160 and any substitute or successor trustees.
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