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201210698
<br /> DEED OF TRUST
<br /> Loan No: 81000934 (Continued) Page 7
<br /> couMerclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. 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 capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specifically stated to the conirary,all references to dollar amounts shall mean amounts in lawful money
<br /> of the United States of America. Words and terms used in the singular shallinclude 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. The word"Borrower"means GI Cherry Park,LTD�.and includes all 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"Default"means the Default set forth in this Deed of Trust in the section titled"Default".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal aod local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, including without
<br /> limitation ihe Comprehensive Environmental Response,Compensation,and Lia6ility Act of 1980,as amended,42
<br /> U.S.C,Section 9607,et seq. ("CERCLA"�,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 1807,et seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.G.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> orregulations adopted pursuantthereto.
<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 /> Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br /> Indebtedness.
<br /> GuaraMy. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty of alI or part of the Note.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
<br /> concentretion 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 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 Environmental Laws. The term"Hazardous Su6stances"also includes,without 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, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and oTher construction on the Real
<br /> Property.
<br /> Indeb4edness. 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 interest on such amounts as provided�i�ti�his:�Deed of Trust. ' R
<br /> Specifically,,.wrthouf�'h7�rn'matarm-:i�r-�deb#ed�ess.-,includes the future advances set.forth in the-Future Advances
<br /> provision,, togetfier� w:t�h a�l�interes�t-t�h`eredn and all amounts that rnay be �indirectly secured'by the
<br /> Cross-CoflateralizaL'wn,p`rovision o-f this�fTeea o�Trust � � . � � -- �
<br /> Lender. l��e wo��"�C'�i�d'�r'""mme�arts�Equitah6e.�8ank,its successors and assigns. ' �� � � ' - �
<br /> Note. The word "Note" means the promissory note dated Decem'ber 7,'2012,. In the original principal
<br /> amount Of $1,100,000.00 from Trustor to Lender; together with all renewals of, extensions of,
<br /> modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br /> NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipment, fiutures, and ofher 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 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 collectively the Real Property and the Personal Property.
<br /> Real Property. The words"Real Properry"mean the real property,interests and rights,as furcher described in this
<br /> Deed of Trust:•� . , . ,
<br /> Related Dacuments. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, securiry
<br /> deeds, collaterel mortgages, and all other instruments, agreemeMs and documents, whether now or hereafter
<br /> existing,executed in connection with the IndebYedness.
<br /> Rerrts. 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 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 GI Cherry Park,LTD..
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