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201207755 DEED OF TRUST Loan No: 870011'15 (Continuecl) Page 7 No Waiver by Lender. Lender shali not be deemed to have waived any rights under this Deed of Trust unless sucn waiver is given in writing and signed by Lender. No delay or omission on the�part of Lender in exercising any right shall operate as a waiver ofi such right or any other right. A waiver by Lender of a provision of this Deed ofi Trust shall not prejudice or constiwte a waiver of Lender's right otherwise to demand stri.ct compliance with that provision or any other provision of this Deed of TruSt. No prior waiver by Lender, nor any course of deali�.ng between Lender and Trusior, shall constitute a waiver of any of Lender's rights or of any of Trustor's obiigations as to any fiuture transactions. Whenever the consent of Lender is required under this Deed of Trust., the granting ofi such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discreti�on of Lender. � SeverabiGty_ If a court ofi competent jurisdi:ction 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 ofifending provision illegal, invalid, or unenforceable as to any other person or circumstance: If feasible, the offending provision shall be considered modifiied so that it becomes legal, valid and enforceable. If the offending provision cannot 6e so modi�Pied, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of tnis Deed of Trust shall not affect the legality, valPdity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfier of Trustor's interest, this Deed ofi Trust shall be binding upon and inure to�the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other tfian Trustor, Lender, without notice to TrusYor, may deal with Trustor's successors with reference to this Deed of Trust and.the Indebtedness by way of forbearance or eMension without releasing Trustor from the obligations of this Deed of Trust or liability unoier the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury_ All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. - Waiver of Homestead Exemption. Trustor hereby releases and waives alf rignts and benefits of Yhe hom�.estead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the i�ollowing meani�ngs when used in this 'Deed of Trust Unless specificaliy stated to the contrary, all references to dolfar amounts shall mean amourrts in lawful money of the United States of America. Words and terms used in tfie singular shall include� the piural, and tne plural shall include the singular; as the context may require. Words and �terms not otherwise defined in ihis Deed of Trust shall 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 STANLEY L LINDEN and DARLENE A LINDEN and includes all co-signers and co-makers signing ihe Note and all their successors and assigns. Deed of Trust. The words "Deed of TrusY' 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 Default set forth in this Deed of Trust in the section titled "'DefiauiY". � Environmental Laws. The words "Environm�ental Laws" mean� any and all state, federai and Yocal statutes, regulations and ordinances relating: to ,tfie�protecYio�n of human health or the envi�ronment, inciuding without limitation the Com� Ph �^Fv�e=•E�n�i�r�afiiii`i@'�al'�F�esponse, Compensation., and Lia6ility Act of 1 980, as ame.nc3ed, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act ofi "f 986, Pub. L. No_ 99-499 ("SARA"),the Hazardous Materials Transportac.ion Act,49 U.S_C. Section 'S 80"I, et seq.,the Resource Conservation and Recovery Act, 42 U..S.C. Section 6901, et seq., or other applilcable state or federal laws, rules, or regulations adopted.pursuant thereto. , � Event of Default. The words "Event ofi Default" mean any of the events of default set forth in this Deed ofi Trust in the events of default section of this Deed of Trusi. Guaranty_ The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of�the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,. concentration or physical, chemical or infecti�ous charactetistics, may cause or pose a present or pote�tial hazard to numan health or the environment when improperly used, treated, stored, disposed of, generateci, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadesrt sense and include without limitation any and afl hazardous or toxic substances, maferials or waste as defined by or lisYed under the Environmental Laws. The term "Hazardous Substances" also includes, wiihout limitation, petrofeum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means al�l existing and future improvements, buildings, structures, mobile homes affi�ced on the Real Property, �Pacilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documenis, together with all renewals of, eMensions ofi, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanceu' by , Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on sucn� amounts as provided in this Deed of Trust. Specifically, without limiiation, indebtedness inciudes the future advances set forth in the Future Advances provision, together with all interest thereon and all amounts ti�at 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 Septem6er 17, 2012, in tkue OCIgl1l�1 pY1llClpal amount of $35,000.00 from Borrower to Lender, together with all renewals ofi, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE NOTE COIVTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fi�ctures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or afifiixed to the Reat Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property;. and together with all proceeds f�nciuding witnout limitation all insurance proceeds and refunds of premiums) from any sale or other disposiiion of the Property. Property. The word "Property" means collectively the Real.Property and the Personai Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in tMis Deed of Trust.