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201206066
<br /> DEED OF TRUST
<br /> Loan iVo: 8'1000950 (COn$IllUed) Page 7
<br /> deai with Trustor's successors with reference to this Deed ofi Trust and the Indebtedness by way o#forbearance or
<br /> extension without releasing Trustor from the obiigations of this Deed of Trust or liability under Yhe Indebtedness.
<br /> Time is of the Essence. Time is ofi the essence in the perFormance of ihis Deed of Trust.
<br /> Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the ho�mestead
<br /> exemption laws of the StaYe ofi Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The fiollowing capifalized words and terms shall have the following meanings wn.en used in this Deed of
<br /> Trust. Unless specifically stated to the contrary,. all references to dollar amounts shall mean�amounts in lawful money
<br /> of the United States of 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 defiined in this Deed ofi Trust shall
<br /> have the meanings attributed to such terms i�.n the Uniform Commercial Code:
<br /> Beneficiary. The word "Beneficiary" means Equitabfe Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means GARY D ROSACKER and LINDA D ROSACKER and includes all co-slgners
<br /> and co-makers signing the Note a:nd all tneir successors�and assigns. �
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, anci
<br /> indudes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means tne Default set forth 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 protection of numan health or the environment, induding without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Lia6ility Act of 1980, as amend�ed, 42
<br /> , U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
<br /> f�lo��9-49-9�SAft-�;-reh�hi�a2�relo�Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,the Resource
<br /> Cd'f�servat�'"on �nd FZecovery- P.ct, 4�2 �.S.C. Section 6901, et seq., or other appGcable state or fedeval laws, rules,
<br /> �r regUlat�ons adopted�,��pursu�an�t t�iereto. ' �
<br /> � �� �
<br /> ..,_ . . ....
<br /> �verrt-•af-D�€a�lt.�*^Y�-Ti-i���nrorcis�-'�[ve�rt-�-Default" mean any of the events of default set forth in this Deed oi Trust in��
<br /> the events ofi default section of this Deed of Trust � - �
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorSer, surety, or a�cco'mmodation party to
<br /> Lender, including without li�mitation a guaraniy ofi all or part ofi the Nofe.
<br /> Hazardous Substances. Tne words "Hazardous Substances" mean. materials that, because of tfieir quaMity,
<br /> concentravon or pf�ysical, cnemical or infiectious characieristics, may cause or pose a present 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 broadest sense and
<br /> include without limitation any and all hazardous or toxic substances, maierials or waste as defined by or listed
<br /> under the Environmental Laws. The term "Hazardous Substances" also includes, without li.mitation, petroleum and
<br /> petroleum by-products or any fraction thereof and.asbesYos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on,the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means ali principal, interest, and other amounts, cost9 and expenses
<br /> payabl� under the Note or Related Documents,. togethe� with aii renewals ofi, extenslons of, modifications o�, _
<br /> consolidations of and substitutions for the Note or ReiaYed Documents and any arnounts expended or advanceci by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or 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 /> Specificatly, without limitation, Indebtedness includes the future advances set fiorth in the Future Advances
<br /> provision, together with all interest thereon and all amounis that may be imdirectly secured by the
<br /> Cross-Coflateral izatio�ri�.provisiDrt,of att-rrs-�Dsecko#.,vC,�u,�t. '
<br /> . . � _ a
<br /> Lender. The v�ord "Lende["�,rn�arus�.Eqwtable 6anK, �ts successors a.nd assigns. � �
<br /> Note. The wot�d 4>}o;t-P,,,mr�,.eans,th��srom�ssory note dated July 23, 201 2, in th0-0Ytglllcll p!'IllGip�l 2rtl.ol9.nt
<br /> Of �104,114.4-4 from Trustor to LericJeF,'""tdgether with all renewals of, extensions of, modifications of,
<br /> refinancings of, consolidaYions of,.and substitutions fior the prom�issory note or agreeme�t_
<br /> PersonaS Property. The words "Personal Property" mean ail. equipment, fiixtures, and other articles of personal
<br /> property now or fiereafter owned by Trustor, and now or hereafter attached or affixecE to ihe Real Prope�rty;
<br /> together with all accessions, parts, and aci.ditions to, all replacements. of, anci all substitutions fi�r, any ofi such
<br /> property; and together with aIF proceeds (including witnout limitation all insurance proceeds and refunds of
<br /> premiums) from any sale or other disposition ofi the Property. �
<br /> Ptoperty. 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 further described in this
<br /> Deed of Trust ��
<br /> Retated Documents_ 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 hereafter
<br /> existing, executed in connection with the lndebtedness.
<br /> Rents. The word "Rents" means all present and future renzs, revenues, income, issues, royalties, profits, and
<br /> other beneFits derived from the Property. �
<br /> Trustee. Tfie word "Trustee" means Equitabie Banlc (Grand Fsland Region), whose address is 1'13-"11.5 N Locust
<br /> St; PO Box 9 60, Grand Isfand, NE 68802-0"I 60 and any substitute or successor trustees.
<br /> Trustor. The word "Trustor^ means GARY D ROSACKER and LINDA D ROSACKER.
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