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201209229
<br /> DEED OF TF�UST
<br /> Loan No_ 81001651 (Continuec�) Page 7
<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 obligations of this Deed of Trust or Ii.ability under the Indebtedness.
<br /> Time is of the Essence_ Time is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties to thes Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought by any party against any other party. � .
<br /> Waiver of Homestead Exemption. TrusYor hereby releases and waives all rights and benefiits of the homestead
<br /> exemption laws of the State of Nebreska 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 tnis Deed of
<br /> Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawfiul 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 tne 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 /> Beneficiary. The word "Beneficiary" means Equitable Bank, arud its successors and assigns.
<br /> Borrower. The word "Borrower" means DARREN C ADAMS and CHARITY L ADAMS and includes all co-signers
<br /> and co-makers signing the Note and all their successors and assigns.
<br /> Deed of Trust. The words "Deed of Trust" mean this Deed of TrusY among Trustor, Lender, and Trustee, and
<br /> includes without Iimitation all assignment and security interest provisions relating to the Personal Property and
<br /> Rents
<br /> Default. The word "Default" means Yhe Defiault set forth in this Deed of Trust in the section titled "Default".
<br /> Environmental Laws. Tne words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of h�oman health or the environment, including without
<br /> Iimitation ti�e Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
<br /> U.S_C. Section 9601, et seq. ("CERCLA"), the Superfund Arrnendments and Reauthorization Act of "1986, Pub. L.
<br /> No. 99-4-99 ("SARA"),the Hazardous Materials Transportatiorv Aci, 49 U.S.C. Section 180'I, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., oe other applicable state or federal laws, rules,
<br /> or regulations adopied pursuant thereto.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in
<br /> the events of default section of this Deed ofi Trust.
<br /> Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br /> Indebtedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without Iimitation a
<br /> guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because ofi their quantity,
<br /> concentraYion or physical, chemical or infeciious characteristi�s, may cause or pose a present or poteMial hazard
<br /> to human heakh or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or otherwise handled. 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 defined by or listed
<br /> under the Environmenial Laws. The term "Hazardous Substances" also includes, wiihout limitation, petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements^ means all existing and future improvements, buildings, struciures,
<br /> mobile homes affixed on the Real Property, faciliYies, additions, replacemen'ts and other construction on the Real
<br /> Property.
<br /> Indebtedness. The word "Indebtedness" means all principa0, interest, and other amounts, costs and expenses
<br /> payable„�under tne IVote_or_Rela�ted Doc,uments, together with all renewals of, exYensions of, modifications of,
<br /> consolidaYions..�f ara�:�ur,bs`hitu�qorTs�'far,�theR Note or Related Do��cuments and any amounts expended or advanced by
<br /> Lend'er to:.;;:dischaEg2*'T'rusto�{� oJxli�g.atior,is or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> obligat�onsr%vr3�dec��'€h�is�Deedt,ofi Trust,.,together with interest on such amounts as provided in this Deed of Trust.
<br /> Specrfi'caliy,^�°nUi�thv�t�IqrrrfPahirrrra�-Fr-id�ebt�ed�ness includes the future advances set fiorth i..n the Future Advances
<br /> provision, together with all interest thereon and all amounts that may be indirecUy secured by the
<br /> Cross-Collateralization provision of this Deed of Trust.
<br /> Lender. The word "Lender means Equitable Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated October 37, 2012, in the o�iginal principal
<br /> amount of 5523,g21 J5 from Trustor to Lender,together witn all renewals of, extensions of, modifications
<br /> of, refinancings ofi, consolidations of,. and substitutions for the promissory note or agreement.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles ofi personal
<br /> property now or hereafter owned by TrusYor, and now or hereafter attached or affixed to the Real Property;
<br /> together with all accessions, parts, and additions to, all replacements of, and aII substitutions for, any of such
<br /> property; and together with aIl proceeds (including without Iimitation all insurance proceeds and refunds of
<br /> premiums) firom 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_ The words ^Real Property" mean ihe real property, interests and rigMs, as further described in this
<br /> Deed ofi Trust.
<br /> Related Documents. The words "Related Documents" mean all prom:issory notes, credit agreements,. loan
<br /> agreements, environmental agreemeMs, guaranties, securiiy agreements; mortgages; deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now o�r nereafter
<br /> existing, executed in connection with the Indebtedness.
<br /> RenYs_ The word "Rents" means all present and future reats, revenues, income, issues, royalties, profits, and
<br /> otf�er benefiits derived firom the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br /> St; PO Box"I 60, Grand Island, NE 68802-0"I 60 and any substitute or successor trustees�.
<br /> Trustor. The word "Trustor" means DARREN C ADAMS and CHARITY L ADAMS.
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