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201200123 <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. <br />