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201207740 DEED OF TRUST Loan No: 81001748 (Continued) Page 7 shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otnerwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course ofi dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute conti:nuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion ofi Lender. Severebility. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance,that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the ofiFend�ing provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so modified,. ii shall be� considered deleted from this Deed of Trust. Unless otherwise required by Iaw, the illegality, invalidity, or unenfiorceability ofi any provision of this Deed of Trust shall not affect the Iegality, validity or enforceabiliiy ofi any other provision ofi this Deed of Trust. Successors and Ass.igns. Subject to any limitations stated in this Deed of Trust on transfier of Trustor°s interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. Ifi ownership of the Property becomes vested in a perSon other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of fiorbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence_ Time is of the essence in tne performance of this Deed of Trust. Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury trial in any action. proceeding, or wunterclaim brought by any party against any other party. Waiver of Homestead Exemption. Trustor hereby releases and waives all tights and benefits of the homestead exemption laws of the State of Nebraska as to aII Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following mean�ings when used in Yhis Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the pl:ural shall indude the singular, as the context may reguire. Words and terms not otherwise defined in this Deed of Trust shap have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word �^Beneficiary" means Equitable Bank, and its successors and assigns. Borrower. The word "Borrower" means DENNIS L HUXTABLE and BARBAR.4 J HUXTABLE and indudes all co-signers and co-makers signing the Note and aII their successors and assigns. Deed of Trust. The words "Deed ofi Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and indudes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the DefauR set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and Iocal statutes, regulations and�.ordinances ,relating to the protection of human healih or the environment, including without limitation the Goc�ipeehe�sive Envtronmental Response, Compensation� and Liability Act ofi 1980, as amended, 42 U.S._C. Section 960�1, et.seq. ("�CERCL`A^�), the SuperFund Amendments and Reauthorization Act of '1986, Pub. L. No. 99-499 ('"'SARA"),the-Hazardous-M�aterials Transportation Act,49 U.S.C. Section 1801, et seq.,the Resource Conservatio'n"and`�R�ecrovery-Fk�t;�42��U.S.C. Section 6901., et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.. Event ofi Default_ The words "Event of Default" mean any of the events of default set forth in this Deed ofi Trust in the events of defiault section ofi this Deed of Trust Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in tne 6cisting Liens provision of this Deed of Trust. Guaranty. The word "Guaranty" means tne guaranty from guarantot, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardo.us Substances" mean materials tha't, because of their quantity, concentration or physical, chemical or infiectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used,treated, stored,disposed of, generaied, manufactured, transported ot otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and indude without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitaiion, petroleum and petroleum by-products or any fraction thereof and asbestos. ImprovemeMs. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounYs, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge TrustoPs obligations or expenses incurred by Trustee or Lender to enforce Trustor's obl.igations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future aelvances set forth in the Future Advances provision, together with all inierest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Equitable Bank, its successors and assigns. Note. The word "Note" means the promissory note dated September 17, 2012, Ifl #h0 origenal pr1l7Clpa1 amount of $1 16,039_00 from Trustor to Lender, together with all renewals of, e�ctensions of, modifications of, refinancings of, consolidations of, and substitutions fior the promissory note or agreement. Personal Property_ The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or a-Ffixed to the Real Property; together with aIl accessions, parts, and additions to, all replacements of, and alI substitutions for, any of such proper[y; and together wiih all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property_ The word "Property" means collectively the Real Property and the Pe�sonal Property. Real Property_ The words "Real Property" mean the real property, interests and rights, as further described in this Deed ofi Trust.