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201211012
<br /> DEED OF TRUST
<br /> Loan No: 87002047 (ContinUed) Page 7
<br /> Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to
<br /> Lender, upon request, a certified statement of net operating income received from the Property during Trustor's
<br /> previous fiscal year in such fiorm and detail as Lender shait rAquire. "Net operating income" shafl mean atl cash
<br /> receipts from tne Property less all cash expenditures made in connection witn the operation of the Property.
<br /> Gaption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be
<br /> used to interpret or define the provisions of this Deed of Trust.
<br /> Merger_ There shall be no merger of the interest or estate created by this Deed of Trust with.any other interest or
<br /> estate in the Property at any time held by or fior the benefiit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Governing Law. This Deed of Trust will be governed by federal law applicab7e to Lender and. to the extent not
<br /> preempted by federal Iaw,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Deed of Trust has been accepted by Lender in the State ofi Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the
<br /> courts ofi Hall County, State of Nebras�lca.
<br /> Joint and Several Liability. All obligations of Borrower and Trustor under this Deed of Trust shafl be jo[nt and
<br /> several, and all references to Trustor shall mean each and every Trustor, and all refierences to Borrower shall mean
<br /> each and every Borrower. This means that each Trustor signing below is responsible for all obligations in this Deed
<br /> of Trust. . .
<br /> No Waiver by Lender. Lender shall not be deemed�to have waived any righ2s under this Deed of Trust unless such
<br /> waiver is given irt`writing and signed by Lender. �No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of.such right or any other rrght. A waiver by Lender of a provision-of this�Deed of Trust
<br /> shall not p�rejudice�or constitute a waiver ofi'�Lende�`s right otherwise to demand strict.compliance with. that
<br /> provision or any other provision o# this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall constitute a waiver of any ofi Lender's rights or o'f any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is requi.red under this Deed ofi T.rust, ihe granting �
<br /> of sucF�.. consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consent is requi�red and in all cases such consent may be granted or withheld in�the soie discretion of Lender.
<br /> Severability. Ifi a court of competent jurisdiction finds any provision of this Deed of..Trust to be illegal, invalid, or
<br /> unenforceable 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 offending provision shall be considered
<br /> modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, ft shall
<br /> be considered deleted from this Deed ofi Trust. Unless otherwise required by law, the illegality, invalidity, or �
<br /> unenforceability 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 limitations stated in this Deed of Trust on transfer of Trustor's interest,
<br /> this Deed ofi Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownersnip oi 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 tnis Deed of Trust and the Indebtedness by way of forbearance or
<br /> extension wi'thout releasing TrusYor from the obligations of this Deed of 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 /> counterdaim 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 aU Indebtedness secured by this Deed ofi 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 amounis in lawful money
<br /> of the United States of America. Words and terms used in the singular shall incFude the plural, and the plurai shali
<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 /> Benefiiciary. The word "6eneficiary" means Equitable Bank, and its successors and assigns.
<br /> Borrower. The word "Borrower" means DA(�'NY L KUNZE and SUSAN M KUNZE and inciudes all co-signers and
<br /> co-makers signing tne Note and alI 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 forih 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 prote.ction of human healtn or the environment, including without
<br /> limitation tne Comprehensive Environmental Response, Compensation., and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, 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 "I80'I, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S..C. Seciion 6907, et seq., or other applicable state or federal laws, ru.fes,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. The words "Event ofi Default" mean any ofi the events of default set forth in this Deed of�Trust in
<br /> the events ofi default section of this Deed of Trust.
<br /> Guaranty_ The word "Guaranty" rneans the guaranty�from guarantor, endorser, surety, or accommodation party to
<br /> Lender, including without limitation a guaranty of all or part of the Note.
<br /> Hazardous Substances_ The words "Hazardous Substances" mean materials that, be�cause of their quantity,
<br /> concentration or physical, chemical or infectious characteristics, may cause or pose a present or poten�tial hazard
<br /> to numan 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 timitation 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 ind�udes, wiihout limitation, petroleum and
<br /> petrof�eum by-products or any firaction thereof and asbestos.
<br /> Improvements_ The word "Improvements" means alI 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 /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payabl��e under tne Note or Related Documents, together with all renewals of, extensions of, modifications of,.
<br /> consolidations of and substitutions for tihe Note or Related Documents and any amounts expended or advanced by
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