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_ � 201209429
<br /> DEED OF TRUST
<br /> Loan IVo: 1�004528 (COntinued) Page 7
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor's requests,fhat does not mean Lender will be required to consent to any of Trustor's future requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of this Deed of Trust is�not valid or should not 6e enforced,that
<br /> fact�jy itselfi will not mean that the rest of this Deed of Ttust will not be�valid ar erforced. Therefore,a court wift
<br /> enforce ihe rest of the provisions of this Deed.of Trust even if a provision�..of this Dsetl of Trust may be found to be
<br /> invalid or unenfiorceable. � �
<br /> Successors and Assigns. Subject to ary limitations stated in this Ceed of Trust�n transfe.r oi Trustor's interest,
<br /> this Deed of Trust shall be binding upor.and inure to the benefit of the,parties,their successors and assigns. If
<br /> ownership ofi the Property becomes vested in a person other than Trustor,Lender,without notice to Trustor,may
<br /> deai 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 TFust 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 /> Waive Jury. All parties to this Deed of Trust hereby waive the right io any jury trial in zny action,proceeding,or
<br /> counterclaim brought by any party against any other party. ,
<br /> Waiver of Homestead Exemption. Trustor hereby releases and waives all rigMs and tienefits of the homestead
<br /> exemption iaws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> �EPINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word'Beneficiary"means Equita6le Bank,and its successors and assigns.
<br /> Borrower. The word "Borrower" means JtLL J BERNAL and EILEEN B TESMER and includes all co-signers and
<br /> co-makers signing the 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 /> indudes without IimitaYion all assignment and security interest provisions relating to the Personal Propetty and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and ali state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or zhe environment, including without
<br /> limitafion the Comprehensive Environmental Response,Compensation,amd Lia6ility Act of 1980,as amended,42
<br /> U.S.C.Section 9601,et seq. �"CERCLA"1,the Superfund Amendments and Reauthorization Aci of 1986, Pub. L.
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U,S.C.Section 1801,et seq.,the 8esource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws, rules,
<br /> or regulations adepted pursuant tliereto. ��
<br /> E�ent of Defaulx. The words"Event of Defaul?"�mean any of the events of defaulY set farth in this Deed of Trust in
<br /> the events of default sectlon of this Deed of Trust. � �
<br /> Existing Inde6tedness. The words"Existing Indebtedness" mean the indebtedness described in.the Existing Liens
<br /> provision of this Deed of TrusT. �
<br /> Guaranty. The word"Guaranty"means the guaranty from guaranior,endorser,surety,or�accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemical or iniectious characteristics,may cause or pose a present or potential hazard
<br /> to human health or the environme�t when improperly used,treated,STored,disposed of,ge�erated,manufactured,
<br /> transported or otherwise handled. The words"Hazardous Substances" are used in their very broadest sense and
<br /> include without limitatio�any and all hazardous or tozic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. 7Tie term"Hazardous Substances"also includes,without limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos. �
<br /> improvements. The word "Improvements" means ail existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,additions, replacements and other construcvon 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, together with all renewals of, e�ctensions of, modifications of,
<br /> consolidations of and subStiYutions for the 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 /> o6ligations under this Deed of Trusi,togethe�with-interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The word "LentleF" means Equitable Bank;.i2s successors apd assigns. The words "successors or
<br /> assigns"mean any person or company tYiaYacquires any interest in the Note.
<br /> _..
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<br /> Note. The word "Note"�r;'i�eans the peomissory note dated October 30, 2012, �p th2 origina6 principal
<br /> a[ttount Of$27,209.31 from Borrower m Lender,togeYher with all renewais of,extensions of;modific:ations
<br /> of,refinancings of,consolidatio.ns of,and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust ls November 17,2017.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixwres, and other arti�cles of personal
<br /> property now or hereafter owned hy Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together with all accessions; parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or oYher 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 the real property,interescs and rights,as further described in this
<br /> Deed oi Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, eredit agreemeMs, loan
<br /> agreements, environmentai agreements, guaranti.es, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instrumepts, agreements and documents, whether now or hereafte�
<br /> existing,executed in connection with the Indebtedness. i
<br /> Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank(Grand Island RegioN,whose address is 713-115 N Locust
<br /> St;PO 8ox 760,Grand Island,NE 68802-0160 and any substitute or successor trusiees.
<br /> Trustrn, The word"Trustor"means EILEEN B TESMER.
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