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201201359
<br /> DEED OF TRUST
<br /> Loan No: 10001582 (COntlnued) Page 7
<br /> Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shali be joint and
<br /> several,and all references to Trustor shall mean each and every Trustor,and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust.
<br /> No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Ttust
<br /> unless Lender does so in writing. The fact that Lender delays or omfts to exercise any right will not mean that
<br /> Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights,that does not
<br /> mean Trustor will not have to comply with the other provisions of this Deed oP Trust. Trustor also understands
<br /> that if Lender does consent to a request,that doas not mean that Trusior will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or enore
<br /> of Trustor's requests,that does not mean Lender will be required to consent to any of Trustor's future requesis:
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Se�erability. If a court firtds that any provision of this Deed of Trust is not valid or should not be enforced,that
<br /> fact by itself wilJ not mean that the rest of this Deed of Trust will not he 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 6e found to be
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations st2ted in this Deed of Trust on transfer of Ttustor's interest,
<br /> this Deed of Trust shall be 6inding 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,withou2 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 liabiliiy 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 actiion,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waivee of Homestead Exemption. Trustor hereby releases and waives all rights and benefiYS of the homestead
<br /> exemption laws of the State of Nebraska as to all fndebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the following meanings wtien used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficfary"means Equitable Banlc,and its successoes and assigns.
<br /> Borrower. The word "Borrower" means JOHN C MEIDLINGER PHD and JANE C MEIDLWGER and indudes all
<br /> co-signers and co-makers signing the Note and all their successors and assi.gns.
<br /> Deed of Trust. The words "Deed of Trust" meao this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> indudes without limitation all assignment and security interest provisions relating to the Personal 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 proteciion of human health or the environmeM, including without
<br /> limitation the Comprehensive Environmental Response,Compensation, aqd.Liatiility Act of 1980�as amended,42
<br /> U.S.C.Section 9601,et seq. ("CERCLA"),.the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> No.99-499(°SARA"1,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 69G1,et seq.,or other applicable state or federal laws,rules,
<br /> orregulations adopted pursuantthereto.
<br /> Event of Default. The words"Event of Default"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 /> E�cisting Indebtedness. The words�"Existing�lndebtedness"mean the indebtedness described in the Existing Liens
<br /> ptovision of this Deed of Trusi.
<br /> Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of tFie Note. .
<br /> Hazardous Substances. The words "Hazardous Su6stances" mean maFeriais that, because of their quantity,
<br /> concentration or physical,chemical orinfectious characterisiics, may cause or pose a present or potential hazard
<br /> to human health or the environment when improperiy used;treated,stored,disposed of,generated,manufactured,
<br /> transported or otherwise Fiandled. 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"aiso includas,without limitation,petroleum and
<br /> petroleum hy-products or any fraction thereof and asbes�os.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildirtgs, szructures,
<br /> mobile homes affixed on the Real Property,faciiities, additions, repiacements and other construction on the Reai
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts�, costs and expenses
<br /> payable under the Note ar Related Documents, together wiYh all renewals of, e�ctensions of,. modifications of,
<br /> consolidations or and su6stitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Truscee oi Lender to enforce Trustor's
<br /> obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust.
<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 inierest in the Note.
<br /> Note. The word "Note" means the promissory note dated February 17, 2012, 111 the original principal
<br /> amount of�32,407.95 from Borrower to Lender,together with all renewals of,eMensions of, modifications
<br /> of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is February 20,2017.
<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 al��f accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> property; and toge.her with all proceeds (induding withou± 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 reat property,interests and.rights�,as further described in this
<br /> Deed of Trust. �
<br /> Related �ocuments. 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 and documents, whether now or hereaftee
<br /> existing,executed in connection with the Indebtedness.
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