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201206831
<br /> DEED OF TRUST
<br /> Loan No: 8'1007107 (Continued) Page 7
<br /> unenforceability of any provision ofi this Deed ofi Trust shall not affect the legality, validity or enforceability of any
<br /> oiher provision of this Deed of Trust.
<br /> Successors and Assigns. SubjecY to any limitatlons stated in this Deed of Trust on transfer of Trustor°s interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parYies, 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 /> e�ctension 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 action. proceeding.. or
<br /> counterclaim brought by any party against any other party_
<br /> Waiver of Homestead Exemption_ Trustor hereby releases and waives a❑ 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 /> DEFWITIONS. Tne following capitalized words and terms shall have the following meanings when 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 /> ofi tne United States of America. Words and terms used in the singular shall inctude the plural, and the plural shall
<br /> include the singular, as the context rnay require_ Words and terms not oYherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commerci�al Code:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means MARSH PROPERTIES LLC and incfudes all co-signers and co-makers
<br /> 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, antl Trustee, and
<br /> includes without limitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Defiault".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and Iocal statutes,
<br /> regulatio�s and ordinances relating to the protection of human health or the environment, including without
<br /> IimitaYion the Comprehensive Environmental Response, Gompensation, and Liability AcY of 7 980, as amended, 42
<br /> U.S.C. Section 9607, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub_ L.
<br /> No. 99-499 ("SARA"),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 6901, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the everts of default seY forth in this Deed of Trust in
<br /> the events of default section of this Deed of Trusi.
<br /> G.uarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to numan health or the environment when improperly used,treated, stored, disposed of, genereted, manufactured,
<br /> transported�or-otherw.ise-:hand,l,ed�.Tne wor.ds "Hazardous SubsYances" are used in their very broadest sense and
<br /> include without�Girrtiitafiiom �any'%arid-�afl�hazardous or toxic substances, materials or waste as defined by-or listed
<br /> under the Environmental Laiivs:The'.'[e�rm -"Hazardous Substances" also includes, without limitation, petroleum and
<br /> petroleum b�r products oc any fracti;on thereof:and asbestos �
<br /> .....,_. . ....., . .
<br /> .-,.,-..,,.__�.,.,..,tr., ......_ .
<br /> Improvements. The word "Improvements" means all existing and future improvements; buildings, structures,
<br /> mo6ile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property. � � .
<br /> Indebtedness. The word "Indebtedness" means all p�incipal, interest, and other amounts, costs and expenses
<br /> payable under fhe Note or Related Docume�ts, together with all renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any 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 th�is Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limit�ation, Inde.btedness includes the fiuture advances set forth in the Future Advances
<br /> p�rovision, 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 Equitable Bank, its successors and assigns.
<br /> Note. The wortl "�Note" means the promissory note dated August 15, 2012, in the oYi9inal prinCipal
<br /> amount Of $22,265.33 from Trustor to Lender,together with all renewals of, extensions of, modifications of,
<br /> refinancings of, 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 a:ll substitutions for, any of such
<br /> property; and together with all proceeds (including without lim.itation 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 real proper[y, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents_ The words "Related Documents" mean all promissory notes, credit agreeme.nts, loan
<br /> agreemenis, �environmental agceements, 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 Indebtedness.
<br /> Rents. Tne word "Rents" means all present and future rents, revenues, income, issues., royalties, profits, and
<br /> other 6enefits derived firom the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose add�ess is 113-115 N Locusi
<br /> St; PO Box 9 60> Grand Island, NE 68802-01 60 and any substitute or successor trustees:
<br /> Trustor. The word "Trustor" means MARSH PROPERTIES LLC.
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