|
201207892
<br /> DEED OF TRUST
<br /> Loan No: 373051729 (COntGnued) 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 otFier party.
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits ofi the homestead
<br /> exemption laws of tne State of Nebraska as to aIl Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The fiollowing 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 WENDY R RICKARD and JAKE R RICKARD and includes alI co-signers and
<br /> 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 security interest provisions relating to the Personal Property and
<br /> Rents.
<br /> Env➢ronmentat Laws. Tne words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating io the prote�ction of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Com�pensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 960'1, et seq: ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1988, Pub. L.
<br /> No. 99-499 ("SARA"), the 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 sYate 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 of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br /> Lender,including without Iimitation a guaranty of aIl or part of the Note.
<br /> Hazardous Substances_ The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentrat[on or physical, chemi�cal or infectious characteristics, 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 all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. Tne term ^Hazardous Substances" also includes, without limiiation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all existing and future improvemenCs, buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and otheP construction on the Real
<br /> Property. -
<br /> Indebtedness. Tne word "Indebtedness" means all pri.ncipal, interest, and other amounts, cosCs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, eMensions of, modifications of,
<br /> consolidations of and substitutions fior the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust, together with interesti on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitaiion, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision of this Deed of Trust,together with aII interest thereon. �
<br /> Lender_ The word "Lender^ means Equitable Bank, its successors 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 Septem6er 21, 201 2, Ill th0 original p�`irlClpal
<br /> amount Of $260,000_00 from Trustor to Lender, together with all renewals of, extensions ofi, modifications
<br /> of, refinancings of, consolidations of, and substitutions fior tne promissory note or agreement. The maturity date of
<br /> this Deed of Trust is September 21, 201 3.
<br /> Personal Property. The words "Personal Property" mean aIl equipment, fixtures, and otner artides of personal
<br /> property now or hereaftet owned by Trustor, and now or hereafter attacned or affixed to the Real Properly;
<br /> together with all accessions, parts, and additions to, aII replacements of, and all substitutions for, any of such
<br /> property; and together with all proceeds (including witnout 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 /> Real Property. The words "Real Property" mean the real property, inierests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credPt agreements, loan
<br /> agreements, envi�ronmental agreements, guaranties, security agreemenis, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents�. The word "Ren2s" means alI present and fiuture rents, revenues, income, issues, royalties, profits, and
<br /> . . ,_._._...... ..
<br /> other benefits de�ived�rom#he Rroperty.
<br /> Trustee. The word "Trustee"�means Equitablei Bank (Grand Island Region), whose address is 1 1 3-11 5 N Locust
<br /> St; PO Box 'I60,Grand Island, NE-68802-0760 and any substitute or successor trustees.
<br /> e .. __ ._._.__....___�...,,. --..a.. ._ _--
<br /> Trustor. The word "Trustor" means WENDY R RICKARD and JAKE R RICKARD.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EAGH
<br /> TRUSTOR AGREES TO ITS TERMS.
<br /> TRUSTOR: ' �
<br /> X i ;� �n/�1� I ��.�'���
<br /> WENDY� CKAF�D'G
<br /> X ��'�/ �� ��
<br /> YAK�i RICKARD
<br />
|