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201207757
<br /> DEED OF Tff3lDST
<br /> Loan iVo: 10003950 (COtltillued) Page 7
<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 tights and benefits ofi the homestead
<br /> exemption laws of the State of Nebraska as to alI Indebtedness secured by this Deed ofi Trust.
<br /> DEFWITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means ALAN L GRUWELL and REBECCA R GRUWELL and includes all co-signers
<br /> and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trus�t°' mean this Deed ofi Trust among Trustor, Lender,. and Trustee, and
<br /> includes without limitation aJl assignment and security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Envi.ronmental Laws" mean any and all state, fedePal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the envi..ronment, including without
<br /> limitation the Comprehensi.ve Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, 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 1 801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 690"I, 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 ofi default section ofi this Deed of Trust.
<br /> Existing Indebtedness. The wo�ds "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty.. The word "Guaranty" means the guaranty firom guarantor,. endorser, surety, or accommodation party to
<br /> Lender, including without limitation a 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 human healih or the environment when im�properly used, treated, stored,disposed of, generated, manufactured,
<br /> transported or otherwise handled. The words "Hazardous Su6sCances" are used in their very broadest sense and
<br /> include without limitaiion any and all hazardous or toxic substances, materials or wasYe 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 improvements, buildings, structures,
<br /> mobile hom�s affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principal, iMerest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, extensions of, modifications ofi,
<br /> consolidations of and substitutions for the Note or Related Documents and.any amounts expended or advanced by
<br /> Lender to discharge Trusior's obtigations or expenses incurred by Trustee or Lender to enfiorce Trustor'S
<br /> obligations under this Deed ofi Trust,together with interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The word "LendeP' means Equitable Banl<, its suecessors and assigns The words "successors or
<br /> assigns" mean any person or company that acquires any inTerest in the Note.
<br /> Note. The word "Note" means the promissory note dated September 13, 2012, in the original �YlilCipal
<br /> amount of 520,320_�6 from Trustor to Lender, together with all renewals ofi, extensions of, modifications ofi,
<br /> refinancings of, consolidations of, and substitutions for the prornissory note or agreement. The maturity date of
<br /> tFiis Deed of Trust is September 1 5, 2017.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personai
<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 all substitutions for, any of such
<br /> - property; and together with all proceeds (includ.ing without li.mitation all insurance proceeds and refunds of
<br /> premiums) from any sale or other disposition of tne Property.
<br /> Property_ The word "Property" means collectively tne Real Property and the Personal Propeo�ty.
<br /> Real Property. The words "Real Property" mean the real property, i�nteresis and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The wo�rds "Related Documents" mean all promissory noies, credit agreements�, loan
<br /> agreements, environmenta.l agreemen�ts, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or herea'Fter
<br /> existing, execuYed in connectian wiih the Indebtedness.
<br /> Rents_ The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other be�e,�its derived firom the Property.
<br /> _.. _
<br /> .,..__ ....._
<br /> Trust�e" ''The-"�'�'vord��"Trustee" m'eans���Equifable Bank (Grand Island Region), whose address is "113-115 N Locust
<br /> St; PO Box 1 60,'-Granr-l�rlsl'arj�d',.NE- 68802-01 60 and a�y substitute or successor trustees.
<br /> Trust�"^�h�e^cren�rd�=�Tr�ii.�ar,�„a,iro�,'�_AtAN L GRUWELL and REBECCA R GRUWELL
<br /> EACH TRIJSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS_ - .
<br /> TRUSTOR:
<br /> X �
<br /> AL. N L GRUWELL
<br /> x � `�- �� �--�¢�i'�
<br /> REBECCA R GRUWELL
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