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201200746
<br /> DEED OF TRUST
<br /> Loan No:81000034 (COIItItlUed) Page 7
<br /> � shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise� to demand strict compliance with that
<br /> provision or any other provision of tFiis Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> � between Lender and Trustor,shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future trensactions. Whenever the consent of Lender is required under this Deed of Trust,the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Se�erability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegai,invalid,or
<br /> unenforceable as t4 any person or circumstance,that finding shall not make the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be considered
<br /> modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so modified,ii shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this�eed of Trust shall not affect the legality,validiry or enforceabifity of any �
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of TrusF on transfer of Trustor's interesY,
<br /> this Deed of Trust shall be�binding upon and inure to the 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 obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the perfiormance 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 6y any party against any other party. �
<br /> Waiver of 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 /> � DEFiNITlONS. The following capital�ized words and terms shall have the following meanings when�-used in this Deed of
<br /> . Trust. Unless specifically stated to the contrary,ail references to dollar amounts shall mean amounts in lawful money
<br /> of the United S2ates of America. Words and terms used in the singular shall include the plural, antl the plural shall
<br /> indude the singular, as the conteM may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commetcial Code:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means CHRIS A ENGEL and includes all co-signers and co-makers sighing the
<br /> Note and all their successors and assigns. � .
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Ttust among Trustor, Lender, and Trustee, and
<br /> indudes without limitation all assignment and security i�terest provisions relating to the Personai Property and
<br /> Rents.
<br /> Default. The word"Default"means the Default set forth in this Deed of Trust in the section titled"DefaulY'.
<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, including without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Lia6ility Act of 1980,as amended,42
<br /> U.S.C. Section 9607�,.�eY seq.��("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No.99-499("SAFiA`"),the Hazardous Materials TransportaEion Act,49 U.S.C.Section 18D1,et seq.,the Resource
<br /> Conservation and�Recovery Act,42 U,S.C.Section 6901,et seq.,or other applicable state or federel laws,rules,
<br /> orregulatronsadoptet(.pursuant.thereto.� . .
<br /> � Event of Default. The words"Event of Defauk"mean any of the�evenzs�of default setforth in ihis Deed.of Trust in
<br /> the events of default section of this Deed of Trust. � ��
<br /> Guaranty. The word"Guaranty"means the guaranty from guarentor,endorser,surety,or accommodation party to
<br /> Lender,induding without limitation a guaranty of all or part of the Note. � ��
<br /> Hazardous Substances. The words "Hazardous�-Su6stances" mean materials that, because of their quantity,
<br /> concentration or ptiysical,chemical or infectious characteristics,may cause or pose a present o�r potential hazard
<br /> to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured,
<br /> iransported or otherwise handled The words"Hazardous Substances"are used in their very broadest sense and
<br /> include without limitation any and all hazardous or towc substances, materials or waste as�defined 6y 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 afiFiiced on the Real Property,facilities, additions, replacements and other constructiorr on the Real
<br /> Property. �
<br /> Indebtedness. The word "Indebtetlness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related DocumeMS,. together with all tenewals of, eMensions of, modifications of,
<br /> consolidations of and substituUOns for the Note or Related Documents and any amounts expeaded or advanced by
<br /> Lender to discharge Trustor's obligations. or expenses incurred by Trustee or Lender to enforce TNStor's
<br /> o6ligations 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 advances set forth in the Future� 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 Equitatile Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated January 27, 2012, Ill the original prlflCipel
<br /> amount of$150,335.00 from Borrower to Lender,together wiih alI renewals of,eMensions of,modifications
<br /> of,refinancings o'F,consolidations of,and substitutions for the promissory note or agreement.
<br /> Personal Property. The words "Personal Property" mean all equipment,fixtures, 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 for, any of such
<br /> property; and together with all proceeds (including without limitation all insurence 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 teal property,interests and rights,as furthet described in this
<br /> Deed of Trust. -
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agieements, 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
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