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201210844
<br /> DEED aF TRUST
<br /> Loan No: 121 (Colltinued) Page 7
<br /> unenforceability of any provision of this Deed of Trust shall not affect the legality,validiry or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> ihis Deed of Trust shall be binding upon and inure to the benefi`t of the parties,their successors and assigns. If
<br /> ownership of The Property beeomes�ested in a person other than Trustor,Lender,without notice to Trustor,may
<br /> deal with Trusior's successors with reference to this Deed of Trust and the Inde6tedness by way of for6earance or
<br /> extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness.
<br /> Time is ofi 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 F�ereby 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 Exempiion. 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 6y this Deed of Trust.
<br /> DEFtNITIONS. The foilowing capitalized words and terms shall have the following meanings when used in this Deed of
<br /> Trust. Unless specificaliy stated to the contrary,all references to dollar amounts shalf inean 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. The word"Borrower"means J&B RENTALS,LLC.and includes all co-signers and co-makers signing
<br /> 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 /> 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 and local statutes,
<br /> regulations and ordinances relating to the protection of human health or the environment, inclutling without
<br /> IimiYation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C. Section 9601,et seq. �"CERCLA"1,the Superfund Amendments and ReauYhorization Act of 1986,Pub. L.
<br /> t�lo.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.C.Section 6901,et seq.,or other applicable state or federal laws,rules,
<br /> or cegulations adopted pursuant thereto.
<br /> Event of Default The words"Event of Default"mean any of the events of defauk 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 guaranYor, surety, or accommodation party of any or all of the
<br /> Indebtedness �
<br /> Guaranty: The word "Guaranty" means the guaranry from Guarantor to Lender, including without limftation 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 orinfectious 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 /> indude without limitavon any and all hazardous or toxic substances, materoals ot waste as defined by or listed
<br /> under the Environrnye,n,,,tai Law,s, The term"Hazardous Substances"also includes,without limitatian,petroleum and
<br /> petroleum by-products or�any"�ractio-n thereof and asbestos. � � .
<br /> . Improvemerrts. The word "Improvements" means all existing and future improvements, buildings, sYructures,
<br /> mobile homes affixed on the Real Property,facilities, additions, replacements and other construction on the Real
<br /> Property. � � �� �
<br /> Inde6tedness. The word "Indebtedness" means all principal, interest, and other emounts, 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 RelaYed Documents and any amounts expended or advanced by
<br /> Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lende� to enforce Trustor's
<br /> obligations under this Deed of Trust,togetlier with intsresf on sucfi amounts as provided in this Deed of Trust.
<br /> Specifcally, without ;imitation, Inde6tedness includes the future advances set forth ir the Future Advances
<br /> provision, togeYher with all interest thereon and all amounts that may be indirectiy secured by the
<br /> Cross-Collateralization provision of this Deed of Trust.
<br /> Lender. The word�"Lender"means Equitaole Bank,its successors and assigns�.
<br /> Note.. The word "Note" means the promissory note dated December 14,. 2012, in #h2 origina! principal
<br /> amount of $411,82Q.64 from Trustor to Lender,together with all renewals of,extensions of,modifications
<br /> of, refinancings o#, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO
<br /> TRUSTOR:.THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Peesonal Property. The words "Personal Property" mean all equipment, fixtures, and other artides of personal
<br /> property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Propetty;
<br /> together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such.
<br /> property; and mgether witli 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 Propercy"�mean the reai property,interests and rights,as further described in this
<br /> Deed of Trust.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments; agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Inde6tedness.
<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 Fiegion), whose address is 113-115 N Locust
<br /> St;PO Box 160,Grand Island,NE 68802-0?60 and any substitute or successor trustees.
<br /> Trustor. The word"'Trustor"means J&B RENTALS,LLC..
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