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201208896 DEED OF TRUST Loan No: 81001445 (Continuec�) Page 7 Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shall be joint and several,. and all references to Trustor shall mean each and eve�ry Trustor, and all references to Borrower shall mean each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of Yhis Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, snall constitute a waivet ofi any ofi Lender's rights or ofi any of Trustor's obligations as to any future transactions. Whenever the consent of Lenc1er is required under this Deed of Trust, tne granting of such consent by Lender in any instance snall not constitute continuing consent to subsequent instances wnere such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabitity- If a court of compeient jurisdiction finds any provision of ihis Deed ofi Trust to be illegal, invatid, or unenfo�ceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or cFrcumstance. If feasible, the offendi�ng provision shall be considered _ modified so that it becomes legal, valid and enforceable�. If the offending provision cannot be so modified, it shall be considered delefed from. this Deed of Trust_ Unless otherwise required by law, the illegaliYy, invalidity, or unenfiorceability of any provision of this Deed of Trusi shall n�ot affect the legality,. validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor`s interest, this Deed of Trust shall be binding upon and inure to the benefit ofi the parties, their successors and assfgns. If ownership of the PYoperty becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with T�ustor's successors with reference to this Deed ofi Trust and the Indebtedness by way of forbearance or e�ctension without releasing Trustor from the obligations of this Deed of Trust or li�ability under the Indebtedness. Time is of the Essence_ Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right Yo any jury trial in any action, proceeding, or counterclaim brought by any party against any other party_ Waiver of Homestead 6cemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall fiave the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all refetences to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such Yerms in the Unifiorm Commercial Code: . ._. ....... Benefiiciary_•The word"Beneficiary"..means Equitable Bank, and its successors and assigns. Borrower.��.The word "`Borrower"�means STEVEN BEHRWG and KATHLEEN BEHRING and includes all co-signers and co-malcers�s�igning:,Yhe_Note�and all�their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trusree, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means tne Default set forth in this Deed of Trust in the section titled "Defiault". Environmental Laws. The words "Envitonmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human healtn or tne environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"),the Hazardous Materials Transportation Act, 49 U.S.C. Section 7801,et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. Section 690"I, et seq., or other applicable state or fiederal laws, rules, or regulations adopted pursuant thereto. Event of Defiault_ The words "Event of Default" mean any of the events ofi default set forth in this Deed ofi Trust in the events of defiault section of this Deed of Trust. Guaranty. The word ^Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender,.including without limitation a guaranty of alJ or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human healih or ihe environment when impropetly used, treated, sYored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic subsiances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, witihout limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Impeovements. Tne word "Improvements" means all existong and future improvements, buildings, sYructures, mobile homes affixed on the Real Property, facilities, additions, replacements and other consiruction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses � payable under the Note or Related-Documents, together woth all tenewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's oblig2tions under this Deed of Trust, together with interest �on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances � provision, togeYner with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. Tne word "Lender" means Equitable Bank, its successors and assigns. Note. The word "Note" means the promissory note dated October 23., 20"12, IIl t�le original principal a1710U11t of 565,274_76 from Borrower to Lender, together with all renewals of, eMensions of, modifications ofi, refiinancings of, consolidations of, and subsiitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fiictures, and other arcicles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all rep�lacements of, and all substitutions for, any of such property; and together with all proceeds (induding without limitation all insurance proceeds and refunds of premiums) from any sale or otner disposition of Yhe Property.