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201208016
<br /> DEED OF TRUST
<br /> Loan No: 70003728 (Con$i1lC�ed) Page 7
<br /> � Waiver ofi Homestead Exemption. Trustor hereby releases and waives ail rights and benefits of the homestead
<br /> exemption laws ofi the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINETIONS_ The following words shall have Yhe following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Beneficiary" means Equitabfe Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means TIMOTHY A RUSH and RENEA J RUSH and includes all co-signers and
<br /> co-makers signing the Note and ali 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 tF�e Personal Property and
<br /> Rents.
<br /> Environmental Laws_ The words "Environmental Laws" mean any and ail s�ate, federai and local statutes,
<br /> regulations and. ordinances reiating to the protection ofi human health or the environment, including without
<br /> limitation tne ComprehenSive Envi�ronmental Response, Compe�nsation, and Liability Act ofi "1980, as amended, 42
<br /> U.S.C. Section 960"I, et seq. ("GERCLA"), the Superfund Ame:ndments and ReauthorizaYion Act of 1986, Pub. L.
<br /> No. 99-499 ("SARA"), the Hazardous Materials Transportati'on Act,49 U.S.C. Section "1801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C_ Secti�on 6901, et seq., or otner applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event of Defiault" mean any of the events ofi defiault set fiortV� in this Deed ofi Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Mdebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed ofi Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br /> Lander, induding without limitation a guaranty of all or�ari of the Note. �
<br /> Hazardous S�ubstances. The words "Hazardous Substances" maan materials that, because of thei�r quantity,
<br /> concentration. or physical, chemical or infectious characteristics, may cause o�r pose a present or potentiaf nazard
<br /> to human health or the environment w�hen improperly used,.treated, stored, disposed of, generated, manufiactured,
<br /> transported or otherwise handled_ The words "Hazardous Substances" are used in their very broadest sense and
<br /> incfude without fimitation any and all hazardous or toxic substances; materials or waste as defined by or listed
<br /> under the Environmentai Laws. The term "Hazardous Substances" also indudes, without @imitation, petroleum and
<br /> petroleum by-products or any fraction thereofi and asbestos:
<br /> Improvements. The word "Improvements" means ail existing and future improvements, bu.ildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
<br /> Property,
<br /> Indebtedness. Tne word. "Indebtedness" means all p.rincipal, interest, and other amounts, costs and expenses
<br /> payabie under the Note or Refated Documents, together with all renewals of, extensions ofi, modifiications of,
<br /> consoiidations of anci substitutions for the Note or Related DocumenYs and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee ar Lender to enforce Trustor`s
<br /> o6ligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust.
<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 daied August 17, 2012, 117 $�1@ OPlginal pY117Clpal
<br /> �tT10Uilf of $5,000-00 from Trustor to Lender, together with all renewals of, extensions of, modifiications ofi,
<br /> refinencings of, consolidations of, and substitutions for the promissory note or agreement The maturity date of
<br /> this Deec3 of Trust is August 1 5, 201 7_
<br /> Personal Property. The words "Personal Property" mean ail equiprnent, fixtuces, and other articies of personaf
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to tlne Reai Property;
<br /> together with ali accessions, parts, and additions to, all replacemen�[s of, and ail substitutions for, any of such
<br /> property;. and together with ail 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 coilectively the Real Property and the Personal Ptoperty.
<br /> Real ProperYy. The words "Real Property" mean the real property, interests and rights, as fiurther described in this
<br /> Deed of Trust. �
<br /> Related Documents_ The words "Related Documents" mean all promissory rlotes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, secu.rity
<br /> deeds, collaterai m�o�tgages, and all other instruments, agreements and documents, whetner now or hereafter
<br /> existing, executed in connection with the Indebtedness. ..
<br /> Rents. The word "Rents" means all present and future rents, revehues, incomes�issues royalt�es,�4prof[ts, and
<br /> other benefits derived from the Property. - .. :R��,-.-,..-..�. ' .�
<br /> Trustee. The word "Trustee" means Equitable Bank {Grand Island Regio"n�;��`w�'�5io"se add�ess is"�1�3-115Yf�3��Locust
<br /> St; PO Box 7�O,Grand Isiand, NE 6�8802-01 60 and any substitute or successor trustees.
<br /> Trustor. The word "TrustoP' rneans TIMOTHY A RUSH and RENEA J RUSH.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF TFl�IS DEED �OF TRUST, AND EACH,
<br /> TRUSTOR AGREES TO ITS TERMS_ .
<br /> TRUSTOR:
<br /> X �--=
<br /> TIM� T RUSH �
<br /> X
<br /> RENEA.i RUSF-i
<br />
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