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201208343
<br /> DEED O� TR�9S�I"
<br /> Loan No. 81001387 (Continued)
<br /> Page 7
<br /> unenforceability of any provision oF this Deed of Trust shall not affect the legality, valPdity or enforceability ofi any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shatl be binding upon and inure to the bene#it of the pariies, their successors and assigns. If
<br /> ownership of the Pro�,erty becomes vested in a person other than Trustor, Lender, withouC notice to Trustor, may
<br /> deal with Trustor's successors with reference t�this Deed of Trust and the Indebtedness by way of forhearance or
<br /> extension without releasing Trustor from the obligations of this 'Deed of Trust or lia6ility under the Indebiedness.
<br /> 3ime is of the Essence_ Time is of the essence i�n tne performance ofi this Deed ofi Trust.
<br /> Waive.lury. A91 parties to this Deed of Trust hereby waive the rigFit to any jury trial in any action, proceeding, or
<br /> counterclaim brought 6y any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor nereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State ofi Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS_ Tne following capitalized words and terms shall have the following meanings whe�. used in this Deec1 of
<br /> Trust Unless specifically stated ro the contrary, all references to dollar amounts shali mean amounts in lawful money
<br /> of the United States ofi America. Words and terms used in the singular shall include the plura6, and the plural shall
<br /> include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commercial Cocie:
<br /> Beneficea:y_ The word "BenefiicPary" means F_quitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means RHOADS EhlTERPRISES INC and inciudes all co-signers and co-makers
<br /> signing tfie Note and all their suacessors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Dee.d of Trust arnong Trustor, Lender, and Trustee, and
<br /> includes withouti limitation all assignment and security inierest provisions relating to the Personai Property and
<br /> Rents.
<br /> Default. The word "Default" means the Defiault set forth in fhis Deed of Trust in the section.titled °'DefaulY'.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulaYions and ordinances relating to the protection of human health or the environment, including without
<br /> limitation the Comprehensive Environmental Res�onse, Compensation, and Lia6ility Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, et seq. ("CERC'LA"), the Superfund Amendments �nd Reauthorization Act of 1986, Pub. L_
<br /> No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C�. Section 1809, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federai laws, rules,
<br /> or regulations adopted pursuant thereio.
<br /> Event ofi Default. The words "Event of Default" mean any of the events of defaulti set forth in this Deed of Trust in
<br /> the events of defa�lt secti��.on of this Deed ofi Trust.
<br /> Guarantor_ The word "Guarantar" means any guarantor, surety, or accommoaati.on party of any or all of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the. guaranty from Guarantor to Lender, including without limitaiion a
<br /> guaranty of all or part of tne Note.
<br /> Hazardous Substances_ Tne words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or pnysical, chemical 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 handfed. 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 define@ by or listed
<br /> under the Environmental Laws. The term "Hazardous Substances" also inciudes, without limitation, petroieum and
<br /> peirofeum by-products or any fraction thereof anci asbestos.
<br /> improvements. Tfie word "Improvements" means a!1 existing and future improvemenYs, build'ings>: structures,
<br /> mo6ile homes a.f.fixed on the�fteah�Pr�ap`e"r't'y,"facilities, additions, re�lacements and other co�nstruction on Yhe Real
<br /> Property. .. . .. _ ._ .. . . . . . . .
<br /> Indebtedness. �iThe word "Ixid�ebtedness- •cneans�-al�l principal, interest, and other amounts, costs and expenses
<br /> payabie under �.4a.�-.Note--or R�Iat�eF-��'�'fi-�s,"""togetner witf� a❑ renewals ofi,. extensio�ns of, modifications of,
<br /> consolidati:ons of and substituti�ons for the Note or Related �ocuments and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligarions or expenses incurred by Trustee or Lender to enforce Trusior's
<br /> obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Specificaliy, witnoui limitation, Indebtedness indudes ine future advances set forth in the Future Advances
<br /> �rovision, together w�ith all interest thereon and all amounts that may be indirec�tly secured by the
<br /> Cross-Collateralization provFsion of tf-his Deed of Trust.
<br /> Lender_ T9ie�vord "Lender" means Fquitabie Bank, its succsssors and assigns.
<br /> PIo#e. The word�"N�ote" means the promissory note dated October 5, 201 2, 11't #he oregina�4 principal �i7lOi..11l$
<br /> of $1 52,50�_O� from Trustor to Lender, together with all renewals of, extensions ofi, modifications of,
<br /> refinancings of,consolidations ofi, and substitutions for the promissory note or agreement.
<br /> Personal Property: The words "Personal Property" mean all equipment, fiixtures, and other articles of personal
<br /> property now or hereafter owneci by Trustor, and now or hereafter attacned or afiPixea to the Real Property;
<br /> togeYher with all accessions, parts, a�nd additions to, all replacements of, and al; substitutions for, any of such
<br /> property; and tog�ether with all proceeds (including without limitation all insurance proceeds and refiunds 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 Pronerty.
<br /> Real Property. The words "Real Property" mean the real property, interests and rights, as fiurther described in ihis
<br /> DEed ofi Trust_
<br /> RelatecY Documents_ The words "Related Documents°' mean all promissory notes, credi[ ag�reements, ioan
<br /> egreements, environmenYa! agreements, guarantles, security agreements, mortgages, deeds of trust, security
<br /> deeds, collatera: mortgages, and all other instruments, agreeme-nYs and documents, wheYher now or hereafter
<br /> existing, executed in connection with the Indebtedness_
<br /> Rents. The word "Rents" means all present and fiuture rents, revenues, income, issues, royalties, profits, and
<br /> other[�enefits derived from the Property.
<br /> Trustee. The worcl "Trustee" means Equitable Qank (Grand Island Region), whose address is 113-'115 N Locust
<br /> St; PO Box 7 60, Grand Island, NE 68802-09 60 and any substitute or successor trustees.
<br /> Trustor_ The word "Trustor" means RHOADS ENTERPRISES INC.
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