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201207692
<br /> DEED OF TFtdJST
<br /> Loan No: 81007338 (Continl.aed) Page 7
<br /> ownership of tne Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deai with Trustor's successors wiih refierence to this Deed of Trust and the Indebtedness by way of fiorbearence or
<br /> extension without releasing TrusYor from the obligations ofi this Deed of Trust or liability under the lndebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waive.iury. All parties to tFiis Deed of 7'rust hereby waive the right to any jury tria7 in any action, proceeding, or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver ofi Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exempYion laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifiically 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 shal�I include the plural, and the piural shall
<br /> include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Beneficeary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means WlNG PROPERTIES IPVC and includes ail co-signers and co-makers signing
<br /> the Note and alY iheir successors and assigns:
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, anc3 Trustee, and
<br /> includes without limitation all assignmeni and security interest provisions relating to tne Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the 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 human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 7 980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1�986, Pub. L.
<br /> No. 99-499 ("SARA"),tne 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. Tne words "Event of Default" mean any of the events ofi default set forth in this Deed of Trust i.n
<br /> the events of default section of this Deed of Trust.
<br /> Guarantor_ 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 Guaranmr to Lender, induding without limitation a
<br /> guaranty of all or part of the Note.
<br /> 1-oazardous Substances. The words "Hazardous Substances" mean materials that, because ofi their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential nazard
<br /> to human neaith or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> vansported or otherwise handied�. 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 Environmentaf Laws. The term "Hazardous Substances" also indudes, without limitation, petroleum and
<br /> pettoleum by-products or any#raction thereof and asbestos:
<br /> Improvements_ The worcf "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Re91 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 the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br /> consolidatiqfls��of�and•substi�yu2lons foar�the-�f�.YoFe-�or Related Documents� and any amounts expended or advanced by
<br /> Lender to !discharg�e'�Trusto'r`5" otrl�g�afioans���or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations�;under this��Deed��of�Tr'us`t,��togeiher'�with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, wrthou��-�=�I�Fnrtatron fridzb��e�dness`_indudes the future advances set forth in the Future Advances �
<br /> provision, iogether swith �all interest thereon and all amounts that may be indirectly secured by the
<br /> Cross-Cofiateralization pravision of this Deed oP Trust.
<br /> Lender. The wo�d "Lender'° means Equitable 8ank, its successors and assigns.
<br /> Note. The word °'Note" means the promissory note dated September 14, 2092, in #h(: oreginal principal
<br /> amount Of $�0,137.<30 firom Trustor to Lender, together with all reneuvals of, extensions of, motlifications ofi,
<br /> refinancings of, consolidations of, a.nd substitutions for the promissory note or agreement.
<br /> Personal Property. The words "Personal Property" mean alt equipment, fixtures, and other articles ofi pe�sonal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together�witn all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> propertyt and together with all proceeds (including without 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 /> Reai Property. The words "Real Property" mean the real property, interests and rights, as further describeci in ihis
<br /> Deed af Trust. - �
<br /> Related Documen4s.. The words "Reiated Documents" mean alf oromissory noYes, credit agreements, loan
<br /> agreements, environmental agreements, gua�anties, security agreements, mortgages, deeds of crust, security
<br /> deeds, coflateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing, executed in connection with the Indebtedness.
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefi�ts deYived from the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island RegioN, whose address is 773-115 N Locust
<br /> St; PO Box 1 60, Grand Island,NE 68802-0"I 60 and any substitute or successor trustees.
<br /> Trustor. The word "Trustor" means WIN.G PROPERTIES WC.
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