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, <br />Loan No �0002a4o D E Con�t nuedl 2 012 0 4 9 7 G page 7 <br />Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. <br />Watve Jury. All parttes to this Deed of Trust hereby weive the right to any jury trial in any action, proceeding, or <br />counterclaim brought by any party against any other party. ' <br />Walver of Homestead Exemption. Trustor hereby releaseS and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraske es to all Indebtedr►ess secured by this Deed of Trust. <br />DEFINITIONS. The following words shall have the following me8nings when used in this Deed of Trust: <br />Beneficlary. The word °Beneficiary" means Equiteble Bank; and its successors and assigns. <br />Borrower. The word "Borrower" means GARY B MCWIILLIAM and SUSAN M MCWILLIAM and includes ell <br />co-signers and co-makers signing the Note end all their sucv�essors 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 interest provisions relating to the Personel Property and <br />Rents. <br />Environmental Lews. The words "Environmental Lews" mean any and all state, federal and locel statutes, <br />regulations and ordinances relating to the protection of human health or the environment, including without <br />limitetion the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 <br />U.S.C. Section 9601, et seq. (°CERCLA°l, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. <br />No. 99-499 (°SARA°1, the Hazardous Materials Trensportat�on 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 federal laws, rules, <br />or regulations adopted pursuant thereto. <br />Event of Defeult. The words "Event of Default° mean any qf the events of default set forth in this Deed of Trust in <br />the events of default section of this Deed of Trust. <br />Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens <br />provision of this Deed of Trust. <br />Guararrty. The word °Guaranty° means the guarenty trom �uarantor, endorser, surety, or accommodation perty to <br />Lender, including without limitation e gueranty of all or part �of the Note. <br />Hazardous Substances. The words "Hazardous Substan�es" mean materials that, because of their quantity, <br />concentretion or physical, chemical or infectious characteri'stics, may cause or pose a present or potential hazard <br />to human health or the environment when improperly used,l treated, stored, disposed of, generated, manufactured, <br />transported or otherwise handled. The words "Hazardous Substances° are used in their very broedest sense and <br />include without limitetion any and all hazardous or toxic substances, materials or waste as defined by or listed <br />under the Environmental Laws. The term "Hazardous Substences° also includes, without limitation, petroleum end <br />petroleum by-products or any fraction thereof and asbestos: <br />Improvements. The word °Improvements° means all exqsting and future improvements, buildings, structures, <br />mobile homes affixed on the Real Property, fecilities, edditions, replacements and other construction on the Real <br />Property. <br />Indebtedness. The word "Indebtedness° means all principel, interest, and other amounts, costs end expenses <br />peyeble under the Note or Related Documents, together ; with all renewals of, extensions of, modifications of, <br />consolidations of and substitutions for the Note or Releted pocuments and any amounts expended or advanced by <br />Lender to discharge Trustor's obligations or expenses �ncurred by Trustee or Lender to enforce Trustor's <br />obligations under this Deed of Trust, together with interest pn 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 interest in the Note. <br />Note. The word °Note° means the promissory note datedl June 8, 2012 in the original principel amount <br />of S 140 ,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, <br />refinencings of, consolidetions of, and substitutions for the promissory note or agreement. The maturity date of <br />this Deed of Trust is June 8, 2013. '� <br />Personal Property. The words "Personal Property" mean lall equipment, fixtures, and other articles of personal <br />property now or hereafter owned by Trustor, and now qr hereafter attached or affixed to the Real Property; <br />together with ell eccessions, parts, and additions to, all rpplacements of, end all substitutions for, any of such <br />property; and together with all proceeds (including withnut limitation atl insurance proceeds end refunds of <br />premiums) from any sele or other disposition of the Property. <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Reel Property. The words "Real Property° mean the real prpperty, interests and rights, as further described in this <br />Deed of Trust. <br />Related Documer�ts. The words °Related Documents" Imean aIl promissory notes, credit agreements, loan <br />agreements, environmental agreements, gueranties, security agreements, mortgages, deeds of trust, security <br />deeds, collateral mortgages, and all other instruments, a�reements and documents, whether now or hereafter <br />existing, executed in connection with the Indebtedness. <br />ReMs. The wocd °Rents means all present and future rents, revenues, income, issues, royalties, profits, and <br />other benefits derived from the Properry. , <br />,,' � <br />Trustee. The waud�-°Trus#ee° means Equitable Bank (Grand Island RegioN, whose address is 113-115 N Locust <br />St; PO Box 160, Grand�lslend'°NE 68$Q2=0160 and eny substitute or successor trustees. <br />Trustor. The word "Trustor" means GARY B MCWILLIAM and SUSAN M MCWILLIAM. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS' DEED OF TRUST, AND EACH <br />TRUSTOR AGREES TO ITS TERMS. <br />TRU R: � <br />X <br />G RY B M ILLIAM <br />. <br />X Y� O'�2�J � <br />SUS N M MCWILLIAM <br />