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201209697
<br /> DEED OF TRUST
<br /> Loan No: 10004668 (Continued) Page 7
<br /> that if Lender does consent to a request,that does not mean that Trustor will not have to get Lender's consent
<br /> again if the situation happens again. Trustor further understands that just because Lender consents to one or more
<br /> of Trustor`s requests,that does not mean Lender will be required to consent to any of Trustor's tuture requests.
<br /> Trustor waives presentment,demand for payment,protest,and notice of dishonor.
<br /> Severability. If a court finds that any provision of tYiis Deed of Trust is not valid or should not be enforced,that
<br /> faci by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,a court will
<br /> enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may 6e fou�d to be
<br /> invalid or urienforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of TrusCoPs interest,
<br /> this Deed of Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If
<br /> ownership of the Property becomes vested in a person.other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trustor's successors with reference Yo this Deed of Trust and the Inde6tedness by way of forbearance or
<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 /> Waive Jury. All parties to this 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 E�cemption. Trustor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the follo�.ving meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable Bank,and its successors and assigns.
<br /> Borrower. The word"Borrower"means LOfS A HANK and indudes all co-signers and co-makers signing the Note
<br /> 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 IimitaUon all assignment and security interest provisions relating to the Personal Properry and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental La�vs" mean any and all state, federal and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, induding without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601, et seq. �"CERCLP."),the Superfund Amendments and Reauthorization Act of 1986, Pub.L.
<br /> No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 9$01,et seq.,the Resource�
<br /> Conseroation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words"Event of Default"mean any of the events of default set forth in this Deetl of Trust in
<br /> the events of default section 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 guarantor,endorser,surety,or accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances. The wor@s "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentration or physical,chemical or infecYious characteristics, may cause or pose a present or pocential hazard
<br /> to human health 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 6roadest sense and
<br /> include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
<br /> under the Environmental Laws. The term"Hazardous Substances"also includes,Vtithout limitation,petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos.
<br /> Improvements. The word "Improvements" means all exiSting and future improvements, 6uildings, structures,
<br /> mobile homes affixed on the Real Property,_facilities, additions, replacements and other construction on the Real
<br /> Property. . ..--...._......._.,_ . . ..
<br /> Indebtedness. �,Tfie word "indebYedness"�means all principal, interest, and oYher amounts, costs and expenses
<br /> payable under Ihe Note or Related Docume�t�s,. together with all renewals of, extensions ofi, modifications of,
<br /> consolidations o,#�.and substitutions for the Note oe Related Documents and any amounts�.expended or advanced 6y
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's
<br /> ohligations under this Deed af Trust,together with i�nterest 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" means the promissory note dated November 13, 2012, in th2 original principal
<br /> amount of$10,100.00 from Borrower to Lender,together with ali renewals of,extensions of,modificatio�s
<br /> of,refina�cings of,consolidations o€,and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is June 1,2013.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of persona[
<br /> properry now or nereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together with all accessions, paris, and additions to, all replacements of, and all substitutions for, any oi such
<br /> property; and together with. all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums)from any sale or other disposition of the Property.
<br /> Property. The word"Property"means collectiveiy the Real Property and the Personal Property.
<br /> Real Property. The words"Real Property"mean the real propertV,interests and rights,as further described in this
<br /> Deed of Trust.
<br /> Related DocumenYs. The words "Relafed Documents" mean all aromissory notes, credit agreements, loan
<br /> agreements, environmentzl agreements, gu�ranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, coflateral rr�ortgages, and all other instruments, agreemenxs 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, revenues, ircome, issues, royaities, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Equitable Bank(Grand Island RegioN,whose address is 113-115 N Locust
<br /> St PO Box 160,Grand Island,NE 68802-0160 and any substitute or successor trustees.
<br /> Trustor. The word"Trustor"means LOIS HANK LIVING TRUST.
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