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201210945 <br /> DEED OF TRUST <br /> Loan No: 81001783 (Continued) Page 7 <br /> of sucn consent by Lender in any instance shall not constitute continuing consent to subsequent instances where <br /> such consent is required and in ail cases such consent may be granted or withheld in the sole d�iscretion of Lender. <br /> Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be iliegal, invalid, or <br /> unenforceable as to any person or circumstance, that find'ing shall not make tne offending provision illegal, invalid, <br /> or unenforceable as to any other person. or circumstance. If fieasible, the offending provision shafl be considered <br /> modified so that it becomes legaf, valid and enforceable. If the ofifending provision cannot be so modified, it shail <br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or <br /> unenfiorceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any <br /> other provision of this Deed of Trust. <br /> Successors and Assigns. Subject to any Iirnitations stated in this Deed of Trust on transfer of Trustor's interest, <br /> this Deed of Trust shall be binding upon and inure to the benefii ofi the parties, their successors and assigns. If <br /> awnership ofi the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may <br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of fiorbearance or <br /> extension without releasing Trustor from the obiigations of this Deed ofi Trust or liability under the Indebtedness. <br /> Time is of the Essence. Time is of the essence in fhe performance of this Deed of Trust. <br /> Waive Jury. All parties to this Deed of Trust nereby 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 Exemption. Trustor hereby releases and waives all rights and beneiits of the homestead <br /> exemption Iaws 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 contrary, all references to dollar amounts shall mean amounts in lawfiul money <br /> of the United States of America. Words and terms used in the singular shall include the plural, and tne plural shall <br /> indude the singular, as the context may require. Words and rerms not otherwise defined in this Deed of Trust shall <br /> have the meani.ngs attributed to such terms in the Un�iform Commercial Code: <br /> Beneficiary. The word "Beneficiary" means Equitable Bank, and its successors and assigns. <br /> Borrower. The word "Borrower" means ROBERT E BRUMMUND and AUDREY M BRUMMUND and includes all <br /> co-signers and co-makers sigrting 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 securiiy interest provisions relating to the Personal Property and <br /> Rents. <br /> Default. The word "Defauk" means the Defiault set forth in this Deed ofi 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, 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. ("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 1801, et seq.,the Resource <br /> Conservation and Recovery Act, 42 U.S_C. Section 69D'f, 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 defiault set forth in this Deed ofi Trust in <br /> the events of default section of thfs Deed of Trust. <br /> Guaranty. The word ^Guaranty" means the guaranty from guarantor, endorser,surety, or accommodation party to <br /> Lender, including witnout limitation a guaranty ofi all or part of the Note. <br /> Hazardous Substances. The words "Hazardous Substances" mean materials thaY, because of their quantity, <br /> concentration or physical, chemi�cal 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 withouY timitation�any and aq hazardous or toxic substances, materials or waste as defined by or listed <br /> under the-Environmental�Laws.� The term "Hazardous Substances" also includes,.without limitation, pefroleu:m and <br /> petroleum by-products or any firaction thereof and asbestos. <br /> Irnprovements. The word "Improvements" means all existing and future improvements, buildings, structures, <br /> mobile homes affixed on the Real Property, facilities, addiiions, eepiacements 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, modifiications of, <br /> consolidations of and substiiutions 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 in this Deed of Trusi. <br /> Specifically, without limitation, Indebtedness includes the fiuture advances set forth 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 ofi 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 December 19, 20'12, Ill $�l@ original principal <br /> amount Of $904,000.0� from Trustor to Lender,together with all renewals of, extensions of, modifiications <br /> of, refiinancings of, consolidations of, and substitutions for the promissory note or agreement. <br /> Personat Property. The words "Personal Property" mean alI equipment, fixtures,. a�nd other articles ofi 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 tne 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. - <br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan <br /> agreements,. ernironmental agreements, guaranties, security agreements, mortgages, deeds ofi trust, security <br /> deeds, collateral mortgages, and all other instruments, agreements and documents, wfiether now or hereafter <br /> existing,executed�in connection witF�the Indebtedness. <br /> Rents. The word "Rents" means all present and future rents, revenues, in�come, issues, royalties, profiits, and <br /> other benefits derived firom the Property. <br /> Trustee. The word "Trustee" means Equitable Bank (Grand Island Region), whose address is 'I'I 3-"I'I 5 N Locust <br />