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201209204
<br /> DEED OF TFiIJS'�!�
<br /> Loan No_ 8'i00'1354 (COntil'lued) Page 7
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. �
<br /> Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Waeve Jury_ All parties to this Deed of Trust hereby waive the roght to any jury trial in any action, proceeding, or
<br /> countercleim brought by any party against any other parEy.
<br /> Waiver of Homestead 6cemption. Trustor hereby releases� and waives all rights and benefits of #he homestead
<br /> exemption laws of the State of IVe6raska 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 ofi
<br /> Trust Unless specifiically stated to the contrary, all references to dollat amounts shall mean amounts in lawful 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 defined in this Deed of Trust shall
<br /> have the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Beneficiazy. The word "Beneficiary" means Equitable Bank, and its s�uccessors and assigns.
<br /> Borrower. The word "Borrower" means KEVIN R MILLER and inciudes all co-signers and co-makers signing the
<br /> Note and all 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 the Personal Property and
<br /> Rents.
<br /> De'fault. The word "Defauk" means the Default set forth in this Deed of Trust in the section titied "Default".
<br /> Environmental Laws. The words "�Environmental Laws"' mean any and all staTe, federal and locat statutes,
<br /> regulations and ordinances relating to the protection of human. heaith�. or the environment, induding without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Seciion 9601, ei 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 1801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6909, et seq., or other applicable state or federal laws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Defiault. The words "Event of De#ault" mean any of the events of default set fiorth in this Deed of Trust in �
<br /> the events of default section of this Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodati.on party to
<br /> Lender, including witnout limitation a guaranty of ail or part of the Note..
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials tFat, because of their quantety,
<br /> conc�ntretion or physical, 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, gene�.rated, manufiactured,
<br /> transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
<br /> include witnout limitation any and all hazardous or toxic substances, materiais or waste as defined by or listed
<br /> under the Environmental Laws. The te:rm "Hazardous Substances" also indudes,. without limitation, petroleum and
<br /> pefroleum by-products or any fracti�on thereof and asbestos. �
<br /> Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, 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 Documents, togetner with a11 renewa.ls of, extensions of,. modifications ofi,
<br /> co�nsoliciations of and substitutions for the Note or Related Do.cuments and any amounts expended or advanced 'oy
<br /> Lender to discharge Trustor's obligations or expenses inc�rred by Trustee or Lenciet to enfiorce Trustor's
<br /> obfigations under this Deed of Trust, together with interest on such amounts as provided in tnis Deed of Trust..
<br /> Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances
<br /> provision, together with all interest thereon and all amounts that may be indirectly secured by the
<br /> Ctoss-Collateralization provision of this Deed ofi Trust.
<br /> Lender. The word "Lender" means Eq�uitable Bank,its successors and assigns.
<br /> NoYe. The word "Note" means the promissory note dated October 29, 2012, in th0 origen�al p1'IriClpal
<br /> amount of $60,000.00 from Trustor to Lender, together with all renewals of, extensions of; modifications of,
<br /> refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR:
<br /> THE NOTE CONTAIIVS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Peesonaf Property'° mean a!I equipment, fixtures, and�. other articies of persona��l
<br /> property now or hereafter owned by Trustor, and now or hereafiter attached or affixed to �the Reai. Property;
<br /> together with all accessions, parts, and addition� to, all replacements o�, ar.d ail substitutions for, any af such
<br /> property; and together with alI proceeds fi.ncluding without IimitaYion ali insurance proceeds and refunds 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 Property.
<br /> Real Property. Tne words "Real Property" mean the real property, intierests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related -DDocuments" 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 oYher instruments, agreements and documents, wnether now or hereafter
<br /> existing, executed in.connection�v�ith the Indebtedness.
<br /> Rents. The�word-"�R'ents"-�meansRall present and future rents, revenues, income, issues, royalYies, profiits, and
<br /> other benefits cierived from the Property.
<br /> Trustee_ The word "Trustee" means Equitabie Bank (Grand isfand Region), whose address is 1 73-i 15 N� Locust
<br /> St; PO Box 1 60, Grand Isiand, NE 58802-01 60 and any substitute or successor trustees.
<br /> Trustor. The word "Trustor" means KEVIN R MILLER.
<br /> TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND TRUSTOR
<br /> A REES TO ITS TERMS,• 1
<br /> -[� . TOR:. � �t� �
<br /> t�X '
<br /> KEVIN R MILLE�
<br />
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