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201208230
<br /> DEED OF TRUST
<br /> " Loan iVo: 810228 (Continued) Page 7
<br /> several, and all references to Trustor snall mean each and every Trustor, and all refierences to Borrower shall mean
<br /> each and every Borrower. This means thai each Trustor signing below is responsible fior all obligations i�n ihis Deed.
<br /> ofi Trust.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omissio� on the part of Lender in exercising any rignt
<br /> shali operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust
<br /> shall noi prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any fiuture vansactions. Whenever the consent of Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court ofi competenT jurisdiction finds any provision of this Deed of Trust Yo be illegal, invalid, or
<br /> unenfiorceabie as to any person o�r circumstance, that fiinding shail not make the offending provision illegal, invalid,
<br /> or unenforceable as to any other person or circumstance. If fieasible, the ofifending provision shall be considered
<br /> modified so tliat it becomes legal, valid and enforcea6le. If the offending provision cannot be so modified, it shall
<br /> be considered deleted from this Deed of Trust Unless otherwi'se required by law, the illegality, invalid�ity, or
<br /> unenforceabiloty ofi any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any
<br /> otner provision ofi this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations siated in this Deed of Trust on transfier of Trustor's interest,
<br /> this Deed ofi Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. Ifi
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing Trustor from the obligacions ofi th.is Deed ofi Trust or li�ability under the Indebtedness.
<br /> Time is of#he Essence_ Time is of the essence in the performance of this Deed of Trust.
<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 6y any party against any other party_
<br /> Waiver of Homestead Exemption. Trust4r hereby releases and. waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust.. Unless Specifically stated to �the contrary, all references to dollar amounts snall mean amounts in lawfuf money
<br /> of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall
<br /> include the singular, as the context may require. Words and terms not otherwise defiined in Yhis Deed of Trust shall
<br /> have the meanings attributed to such terms in.the Uniform Commercial Code:
<br /> Beneficiary. The word "Benefiiciary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. Tne word ^Borrower" means WARREN D MATHEWS and indudes all co-signers and co-makers signing
<br /> the Note and all`tfi'eir�:suecess.o�,s:..and assigns.
<br /> ' �,.",....�-�.>...T, .
<br /> Deed of Trust_� The�.wotds -Dee�l of�Trt�st".'��rnean this Deed of Trust among Trustor, Lender, and Trustee, and
<br /> includes without limitataort all-��ass gr�rnarrt and=secvri'ty interest provisions relating to the Personal.Property and
<br /> Rents. b"--.�,.�„ - i:_.� ._...:, �
<br /> .r.�,�..�,��.�,�,..�.�.,�
<br /> Default. The word "Default" means the Defiault set fiorth in this Deed of Trust in the section titled "Default".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all s�tate, federaf and local statuYes,
<br /> regulations and ordinances relating to the protection ofi human health or the environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensaiion, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9609, et se4. ("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 '1801, et seq:,the Resource
<br /> Conservation and Recovery Act, 42 11.S.C. Section 690"I, et seq., or other applicable state or fiederal laws, rules,
<br /> or regulations adopied pursuant tnereto.
<br /> Event of DefauBt_ The words "Event of Default" mean any of the events of default seY fiorth in this Deed of Trust in
<br /> the events ofi default section of tnis Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from 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 Yhat, because of their quantity,
<br /> concentration or pnysical, chemical or infectious characteristics, may cause or pose a present or potential hazard
<br /> to numan nealth or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> trensported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include without Ifmitation any and alI hazardous or toxic substances, materials or waste 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 as6estos.
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> . mobile homes affixed on the Real Property, fiacilities, additions, replacements and other construction on the Real
<br /> Property.
<br /> Indebtedness_. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Docume�nts, together with all renewals of, extensions of, modifiications of,
<br /> consolidations of and su6stitutions for the N�ote or Related Documents and any amounts expended or advanced by
<br /> Lender io discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with all inierest thereon and all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Deed of Trusi.
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assigns.
<br /> Note, The word "Note" means the promissory note dated August 19, 2091, ill tl�i� original p1'inCipal
<br /> amount Uf $55,000-�0 trom Borrower to Lender, together with all renewals ofi, extensions of, modifications
<br /> ofi, refiinancings of, consolidatPons of,.and substitutions for the promissory note or agreement.
<br /> Personal Property_ The words "Personal Property" mean all equipment, fixtures, and other articles o'E personal
<br /> property now or hereafter owned by Trustor, and now or hereaiter attached or afFixed to the Real Property;
<br /> togetfier witn ali accessions, parts, and additions to,. all replacements of, and all subs'titutions for; any ofi such
<br /> property; and together wilh al! proceeds {�ncluding without iirnitation a(I insurance proceeds and refunds ofi
<br /> premiums) from any sale or other disposition of tne Property.
<br /> Property. Thc word "Property" means collectively tne Real Properiy and the Personal Property.
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