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201210553
<br /> DEED OF TRllSI"
<br /> Loan No: 'l0004825 (COnti�'lued) p�ge 7
<br /> that if Lender does consent m 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 1_ender consents to one or more
<br /> ofi Trustor's requests, that 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 thaf any provision of this Deed of Trust is not valid or should not be enforced, thac
<br /> fact 6y itselfi 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 ofi the provisions of this Deed of Trust even if a provision of this Deetl of Trust may be found to be
<br /> invalid or unenforceable. �
<br /> Successors and Assigns_ Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed ofi TrusY shall be binding upon and inure to the benefit of the parties, their successors and assigns. Ifi
<br /> ownership of the Property becomes vested in a person other tnan Trustor, Lender, witfiout notice to Trustor, may
<br /> deal with Trustor's successors with reference Yo ihis Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension without releasing TrusYor firo�n the obligations�of�this Deed of Trust or liability under the (ndebtedness.
<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 C-xemption. Trustor hereby releases and waives all rights and 6enefits of the homestead
<br /> exemption laws of the State of Nebraslca as to all Indebtedness.secured by this Deed of Trust.
<br /> DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary_ The word "6enefiiciary" means Equitable Banl<, and its successors and assigns.
<br /> Borrower_ Tne word "Borrower" means ROSS BART�N and V[CKIE BARTON anci indudes all co-signers and
<br /> co-makers signing the Note and all their successers and assigns.
<br /> Deed o#Trust. The words "Deed of Trust" mean Yhis Deed ofi Trust among TrusYor, Lender, and Trustee, and
<br /> includes without limitation all assignment and security interesi provisions relating to the Pe.rsonal Property and
<br /> Rents.
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal. and local staiufies,
<br /> regulations and ordinances relating to the protection of human health or ihe environment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Lia6ility Act ofi 1980, as amended, 42
<br /> U.S.C. Section 960'I, et seq. ("GERCLA"), 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 1801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicablc state �r federal laws, rufes,
<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 Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision ofi this Deed of Trust..
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation pa�rty to
<br /> Lencier, including without limitation a guaranty of all or part of tne Note.
<br /> Hazardous Substances. The words "Hazardous� Substances" mean materials that, becausa of their quantiYy,
<br /> concentration 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, generated, manufactured,
<br /> transported or otherwise nandled. The words "Hazardous Substances" are used in their very broadest�sense and
<br /> include without limitation any and all hazardous or toxic su6stances, materials or waste as defined by or t�sted
<br /> under the Environmental Laws. The term "Hazardous Substances" also includes, without limiiation, 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 tne Real Property, facilities, �dditions, replacements and other construction on the Real
<br /> , _.
<br /> Property. .. . . .__ .__.._._ .
<br /> Indebtedness. The�word "Ind�e6tedness".mea�ns all .principal, interest, and other amounts, costs and expenses
<br /> payable under the N�ote or Related•Documents,.together with all renewals of, extensions ofi, modifications of,
<br /> consolidations of�and substiYutions�or�theTYote o�"F�la`fed Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor s obligations or expenses incurred by Trustee or Lender to eniorce Trustor's
<br /> obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Lender_ The word "Lender" means Equitable Banlc, 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 daCed Decemper 7, 20"12, (n thB OYIg1178t1 prinClpa9
<br /> amount of $6,100.00 from Borrower to Lender, together with all renewals of, extensions of, modificatiions of,
<br /> refinancings of, consolidatior.s of, and substitutions fo: the promissory note or agreement. The maiurity date of
<br /> this Deed of Trust is Decem6er 1 5, 201 5.
<br /> Personal Property_ The words "Personal Property" mean all eq�uipment, fixtures, and other artides of personal
<br /> property no�w or hereafter owned by Trustor, and now or nereafter attached or a(fixed to the Real Property;
<br /> togeiher with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br /> property; and together with all proceeds (induding without limitation. all insurance proceeds and retunds 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 ProperCy.
<br /> � Real Property. The words "Real Property" mean the real prqperty, interests and rights, as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Rela[ed Documerts" rnean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security ac�reements, rrrorfgages, deeds of trust, security
<br /> deeds. collateral mortgages, and afl. other instrumenis, agreements and documents, wNether now or liereafcer
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents_ The word "Rents" means all present and fiuture rents, revenues, income, issues, royalties, profits, and
<br /> other benefits derived from the Property.
<br /> Trustee. The word "Trustee" means Equitable @ank (Grand Island� Region), whose address is t 1 3-115 N Locust
<br /> St; PO Box 7 60, Grand Island, NE 6$802-01 60 and any substitute or success�r trustees.
<br /> Trustor. The word "Trustor" means ROSS E BARTON and VICKIE L BARTON.
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