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201211011
<br /> DEED OF TRUST
<br /> Loan No: 81002047 (Gontinued) Pa e 7
<br /> 9
<br /> Severability_ ff a court ofi competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or
<br /> unenfiorceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
<br /> or unenforceable as to any other person or circumstance. If feasible, the ofifending provision shall be considered
<br /> modified so tnat it becomes legal,valid and enforceable. Ifi the offending provision cannot be so modifiied, it shall
<br /> be considered deleted from this Deed of Trust. Unless otherwise required by law, the i.11egality, invalidity, or
<br /> unenforceability of any provision of this Deed of Trust shall not affect the Iegaiity, validity�or enforceability ofi 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 ofi Trustor°s interest,
<br /> this Deed of Trust shall be binding upon and inure to ihe benefit of the parties, tneir successors and assigns. if
<br /> ownership of 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 ofi Trust and the Indebtedness by way ofi forbearance or
<br /> extension wi'thout releasing Trustor from the o6ligations ofi this Deed ofi Trust or liability under the 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 of Trust hereby waive the right to any jury trial in any action, proceeding, or
<br /> counterclaim brought 6y 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(aws of the State of Nebresl<a 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 o�P
<br /> Trust. Uniess specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money
<br /> of ti�e United States of America. Words and terms used in the singular shall indude the plural, and the plural shall
<br /> include the singular, as the coniext may require. Words and Yerms 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 s�uccessors and assigns.
<br /> Borrower. The word "Borrower" means DANNY L KUNZE and SUSAN M KUNZE and includes all co-signers and
<br /> co-makers signing 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 "Defiault".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
<br /> regulations a�d ordinances relating to the protection of human health or the environment, induding without '
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1�980, as amended, 42
<br /> U:S.C. Section 9601, et seq. {"CERCLA"), the Superfund Amendments and R�.eautf�orization 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 applicable state or federel laws, rules,
<br /> or regulations adopted pursuant tnereto.
<br /> - Event of Default_ The words "Event of Default" mean any of the events of default set forth in this Deed ofi Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Guaranty_ The word "Guaranty" means the guaranty firom guarantor, endorser, surety, or accommodation party to
<br /> Lender, including without I.imitation a guaranty of all or part of the Note�.
<br /> Hazardous Substances. The words "Hazardous Substances" mean materials that, because of tneir quantity,
<br /> concentration or physical, chemical or infecYious characteristics, may cause or pose a present or potentiai 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 /> inciude 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 incfudes,without iimitation., petroleum and
<br /> petroleum by-products or any fraction thereof and asbestos. - �
<br /> Improvements_ The word "Irnprovements" means all existing and future improvements, �buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Rea��l
<br /> Property. �. . �
<br /> Indebtedness. The wor,d_"Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> _ . .:__ . ... . _ .._. . .
<br /> payable under the Note or Retated Documents, together with a❑ 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 o6ligations 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 /> Specifiically, withoui limitation, Indebtedness includes all amounts that may 6e i.ndirectly secured by the
<br /> Cross-Collateralization provision ofi this Deed of Trust..
<br /> Lender. The word "Lender" means Equitable Bank, its successors and assig�ns.
<br /> Note. The word "Note" means the promissory noYe dated December '18, 2012, 91l thB OYIgItIal principaB
<br /> arl'tOUllt of $'I 50�,0�0.00 from TruStor to Lender, together with all renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations ofi, and substitutions for the promissory note or agreement. The maturiiy date of
<br /> this Deed of Trust is December 1, 201 3.
<br /> Personal 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 ot 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 wi'th alf proceeds (induding without limitation all insurance proceeds and refunds ofi
<br /> premiums) from any sale or other disposit�on of the Property.
<br /> Pxoperty. The word "Property" means collectively the Real Property and the Persona6 Property_
<br /> Real Property. The words "Real Property" mean ihe 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 agreemenYs, 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 w�ith the Indebtedness.
<br /> Rents��. The word "Rents" means all present and future rents, revenues, income, issues, royalties,. profits, and
<br /> other benefits derived from tne Property.
<br /> Trustee. The word "Trustee"� means Equitable Bank (Grand Island Region),. whose address is 113-115 N Locust
<br /> St; PO Box 1 60, Grand Island, NE 68802-07 60 and any substitute or successor irustees.
<br /> Trustor. The worci "Trustor'° means iDANNY L KUNZE and SUSAN M KUNZE.
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