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<br /> DEED OF TRUST
<br /> Loan No: 8'f0295 (ContinUed} Page 7
<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 6inding upon and inure to the 6enefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person oiher than Trustor,Lentler,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 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 acfion,proceeding,or
<br /> counterclair�brought by any party against arry other party.
<br /> Waiver af Homestead Exemption. 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 this 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 conirary,all references to dollar amounts shall mean amoun2s in lawful money
<br /> of the United States ofi 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 TrusY shall
<br /> have the meanings atttibuted 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 REYNALDO RAMIREZ and BLANCA 0 CASTANEDA and includes ail
<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 Trustor, Lender, and Trustee; and
<br /> includes without limitation all assignment and security irtterest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word"Default"means the Default set fwth in this Deed of�Trust in the section titled"Default".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the profection of human health or the environment, including without
<br /> limitation the Comprehensive Environme�tal Response, Compensation,and Liability Act of 1950,as amended,42
<br /> U.S.C. Section 9607,et seq. ("CERCLA"1,the Superfund Amendments and Reauthorization Act oF 1986, Pub. L.
<br /> No.99-499("SARA"),tfie 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 fede�al laws,rules,
<br /> or regulations adopted pursuant thereto. � _
<br /> Evenk of Default. The words"Event of Defauit"mean any of the events of default set forth in this Deed of Trust in
<br /> the evenTS of tlefault section of fhis Deed of Trust.
<br /> Guaranty.� The word"Guaranty"means the guarenty from guarantor,en�tlorser,surety,or accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of the Note. �
<br /> Hazardous Suhstances. The words "Hazardous Substances" mean materials that, because ofi their quantity,
<br /> concentration or physical, chemical o�i�fecvous charactzristics, may cause or pose a p�resent 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 6roadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as definetl by or listed
<br /> under the Environmental Laws. The term"Hazardous Substances" also indudes,without limitation,petroleum and
<br /> pefroleum by-products or any fraction thereof and asbestos.
<br /> Improvemernts. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixetl on the Real Property,facilities,additions, replacements and other construction on ihe 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 renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for ihe.Note or Related Documents and a�y amounts expended or advanced.by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under ihis Deed of Trust,together with interest on such amounts as provided in fhis Deed of Trust.
<br /> Specifically, without limitation, Indebtedness includes the fuSUre advances set forth in the Fufure Advances
<br /> provision, together with all interest thereon and all amounts that may be indirectly secured by :the . -
<br /> Cross-Collateralization�provision�of this Deed of-Trust. � . �
<br /> Lender. The word"Lender"means Equitabie Bank,its successors and assigns. �
<br /> NoYe. The word"Note"means the promissory note dated January 5,2012,in the original principal amount �
<br /> Of $50,0�0.00 from Trusior to Lender, together with all renewals of, extensions of,. modiiications of,
<br /> refinancings of,consolidations of,and substitutions for the promissory note or agreement. NOTICE TO TRUSTORr
<br /> THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipmem,fixtures, and other artides ofi personal
<br /> property now or hereafter owned by Trusior, 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 subsritutions for, any of such
<br /> property; and Logether with all proceeds (including without limitation all insurance proceeds and refunds o#
<br /> premiumsl 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 iu.rther described in this
<br /> Deed of Trust
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, toan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all oiher instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents�. The word "Rerrts" means all present and future rents,. eevenues, income, issues, royalties� profits, and
<br /> othet benefits derived.from the Property.
<br /> Trustee. The word "Trustee" means Equitable Banlc(Grand Island Region�,whose address is 113-115 N Locust
<br /> St;PO Box 160,Grand Island,NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means REYNALDO RAMIREZ�and BLANCA 0 CASTANEDA.
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