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201210369
<br /> DEED OF TRUST
<br /> Loan No: 8700'1726 (COiltiflued) Page 7
<br /> waiver is given in writing and signed by Lender. No delay or omiSsion on the part ofi Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision ofi this Deed ofi Trust
<br /> shall not prejudice or constiiute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> - provision or any other provision of 7his Deed of Trust. No prior waiver by Lender, no� any cou�se of dealing
<br /> between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent ofi Lender is required under this Deed of Trust, the granting
<br /> of such consent by Lendet in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability_ If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal., invafid, or
<br /> unenforceable as to any person or circumstance,that finding shall not make the offending provision illegal, invalid,
<br /> or unenfoYceable as to any other person or circumstance. If fieasible, the offending provision shall be considered
<br /> modified so that it becomes leg.al,valid a�d enforceable. If the offending provision cannot be so modified, it shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enfiorceability of any
<br /> other provision of this Deed ofi Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust shali be binding upon and inure to the benefiit of the parties, tneir successors and assigns. Ifi
<br /> ownership ofi the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may
<br /> deal with Trustor's successors wiih refierence 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 Iiability undet tne 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 ofi Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterdaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption_ Trustor hereby releases and waives all righ2s and benefits- of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebted�ess secured by this Deed of Trust.
<br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the contrary, ap references to dollar 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 /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. TFie word "Borrower" means DAG BA HELLSTEN and includes aIl 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 /> Default.. The word"Defiault"means.the Default set forth in this Deed of Trust in the section titled "Default".
<br /> Environmental La�is: The `words "Environmental Laws" mean any and aIl state, federal and local statutes,
<br /> regula'tions_ and. ordinances relating to the protection of human health or the environment, including without
<br /> limitatio�..,ih.�Co;mpish,ensiv�;Enyir.onmental Response, Compensation, and Liability Act ofi 7 980, as amended., 42
<br /> U.S.C. Section 9601, et 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 "180'I, et seq.,the Resource
<br /> Conservation 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 deYault set forth in`this Deed of Trust in
<br /> the events of defiault section of this Deed of 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 limitation a
<br /> 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 infectious characteristics, may cause or pose a present or potential hazard
<br /> to numan 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 broadest sense and
<br /> indude 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, without limitaiion, petroleum and
<br /> petroleum by-products�or any fraction 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, together with all renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions 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 /> obligations under this Deed of Trust, together with iMeresY on such amounts as provided in this Deed of Trust.
<br /> Specifically, witnout Iimitation, Indebtedness incl�udes the future advances set for[h in the Future Advances
<br /> provision, together with all interest thereon and all amounts that may be indirectly 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 November 19, 2012, in tfle o�lglnal pYlnClpal
<br /> amount of $54�546.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations of,.and substitutions for the promissory note or agreement.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br /> property now or hereafter owned by 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 sucn
<br /> property; antl together with all proceeds (including without limitation all insurance proceeds and refunds of
<br /> premiums) f�om any sale or other disposifion 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, interests and rights, as further described in this
<br /> Deed of Trust.
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