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201208792
<br /> DEED OF TFiiJST
<br /> , Loan No: 10004387 (COn$Itluedl) Pa e 7
<br /> �
<br /> Waive Jury. AII parties to this Deed of Trust hereby waive the right to any jury teial in any action, proceeding. or
<br /> counterctaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Trusto�r hereby releases and waives all rights and benefiits ofi the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The foliowing words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word "Benefiiciary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. Tne word "Borrower" means DONALD P CARTER and GWENDOLYN J CARTER and includes all
<br /> co-signers and co-makers signing the Note and all their successors and assigns.
<br /> Deed ofi Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee,. and
<br /> includes without lirnitation all assignment� and securiiy interest provisions relating to the Persona! Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the� protection ofi human health or the environment, induding without
<br /> limitation the Comprehensive EnvironmenYat 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 ofi '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 sta'[e or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Eveni of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> tne events of de'Fault section of this Deed of Trust.
<br /> Existing indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust. �
<br /> Guaranty. The word "G�aranty" means the guaranty from guarantor, endorser,surety, or accommodation party to
<br /> Lender, incfuding without limitation a guaranty ofi all or part of the IVote.
<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 health or the environmen't when imp.roperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise� handled. The words "Hazardous SuPOStances" are used in their very broadest sense and
<br /> include without limitation any and �all hazardous or toxic substances, maierials 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 iraction thereofi and asbestos.
<br /> Improvements. The wo.rd "Improvements" means all existing and future improvements, buildings, st�uctures,
<br /> mobile homes afiFixed on the Real Property, facilities, additions, replacements and other con.struction on zhe 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 Documents, together with all renewals of, extensions of, modifications o€,
<br /> consolidations of and substitutions for tne 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 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" m..eans the promissory note datedl October 'f 7, 20'I 2, in the origanal pYirlCip21
<br /> amount Of $21�568.09 from Trustor to Lender, together with all renewals ofi, extensions of, modifications of,
<br /> refiinancings ofi, consolidations of, and substitutions for the promissory note or agreement. Tne maturity daYe of
<br /> this Deed of Trust is October 20, 2017.
<br /> PersonaR Paoperty_ The words "Personal Property" mean all equipment, fiixiures, and other artides of personal
<br /> proper[y now or hereaiter owned by Trustor, anci now or hereafter attached or affixed to the Reai Froperty;
<br /> together with a!i accessions, parts, and additions to, all replacements of, and all. substitutions fior, any o€ such
<br /> property; and together with alI proceeds (including without limitation ali insurance proceeds and refunds af
<br /> premiums) from any sale or other disposition of the Property.
<br /> Property. The word ^Property" means collectively the Real P�operty and the Personal Property.
<br /> Real Property. The words "Real. Property" rnean the real property, interests and rights, as furiher described in this
<br /> Deed ofi Trust.
<br /> Related Documents_ The words "Related �ocuments" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, 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 "Rents" means all present and future rents, reven.ues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property. �
<br /> Trustee. The word "Trust�ee'"�means Equitable �ank iGrand Island Region), whose address is 1.1 3-1 1 5 N Locusi
<br /> St; PO Box 960, Grand�Island,.NE%'68802-01�60 and any substiiute or successor trustees. �
<br /> Trustor The word .'Trustor meac�s DONALD P CARTER and GWENDOLYN J CARTER.
<br /> EACH TRUSTOR ACKNOWLEDGfS-�HAVING�REi4D ALL THE PROVISIONS OF THIS DEED OF TRUST, �AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS. �
<br /> TRUSTOR:
<br /> /�
<br /> X �
<br /> DONALD P CARTER
<br /> x ���/i.11n�n���s�.ea�� � �,r`ri�l�i»
<br /> G OLYN J CARTER - �
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