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201207641
<br /> DEED OF TRUST
<br /> Loan No: 87001263 (Co11tt1lued) Page 7
<br /> No Waiver by Lender. Lender shall not be deemetl to have waived any rights unde�tnis Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operete 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 constitufe a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of ihis Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constitute a waiver ofi any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required under tnis 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 /> Severability. Ifi a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be conside�ed modified so
<br /> that it becomes legal, valid and enforceable. If the ofiFending provision cannot be so modified, it shall be
<br /> considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed ofi Trust shall not affect the legality, validity or enforceability ofi any
<br /> other provision of tkis Deed of Trust..
<br /> Successors and Assigns. Subject to any limitations 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 partieS, their successors and assigns. If
<br /> ownership of the Property becomes vested in a pe�son 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 ofi Trust or liability under the Indebtedness.
<br /> Time is of the Essence. Time is ofi the essence in the performance of this Deed ofi 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 all rights and benefits of the nomestead
<br /> exemption laws of the State ofi Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINBTIONS_ The 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 /> 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 conte�ct may require. Words and te�ms not otherwise defiined in this Deed of Trust snall
<br /> have the meanings attributed to sueh terms in the Uniform Commercial Code:
<br /> Beneficiary. The word "Beneficiary"means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means D &A INVESTMENTS, LLC; Richard H. Baasch; and Arlene M. Baasch and
<br /> includes all co-signers and co-makers 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, and Trustee, and
<br /> includes without limitation all assignment and securiYy inrerest ptovisions relating to the Personal Property and
<br /> Rents.
<br /> Default. The word"Default" means the Default set forth in this Deed ofi Trust in the section titled "Default'°.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, fede�al and local statutes,
<br /> regulafior,�s�arrd`;�or V�nand�'s".t'Y�'la'ti7Yg^to �[-hea protection of human nealth or the environment, includi�ng without
<br /> limitavon the Comp�,ehensive,..�nvrrOr,�merrtal§Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S C��Sectron�6;0'["� ei seq Z CERCtP. ),Yhe Superfund Amendments and Reautnorization Act of 1 986, Pub. L.
<br /> No.. 9�=",�Q� .S�/X,R�'A�,t]a.E.;,�i��a�c�i5s IVlaterials Transportation Act,49 U.S.C. Section 1 801,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 events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed ofi Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br /> Lender, including withoui limitation a guaranty of all or part of the Note.
<br /> Hazardous Su6stances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical, chemical or infectious characteristi.cs, 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 aII hazardous or toxic substances, materials or waste as defined by 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 imp�ovements, buildings, siructures,
<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 all principal, interest, and other amounts, costs and expenses
<br /> payable under Yhe Note or Related Documents, togetner with all renewals of, eactensions of, modifications of,
<br /> consolitlations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to d�ischarge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obfigations under ihis 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 the.reon and all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of Yhis Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated September "12, 2012, 117 the original principal
<br /> amount of $55,���.�� from Borrower to Lender, together with aIl renewals of, extensions of, modifications
<br /> of, 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 attacned or afifixed to the Real Property;
<br /> together with a❑ accessions, parts, and addition5 to, all replacements of, and all substitutions fo�, any of such
<br /> property; and together with all. proceeds (including without limitation all insurance pro�ceeds 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 property, interests and rights, as further described in this
<br /> Deed ofi Trusti.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreernents, loan
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