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201300609
<br /> DEED OF TRUST
<br /> Loan No: 100051710 (Continued) Page 7
<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 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 words shall have the following meanings when used in this Deed of Trust:
<br /> Beneficiary. The word"Beneficiary"means Equitable BanK,and its successors and assigns.
<br /> Borrower. The word"Borrower"means THOMAS A FULTON and SHARON K FULTON and includes all co-signers
<br /> and 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 /> 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, including without
<br /> limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601, at 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 1801,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 regulations adopted pursuant thereto.
<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 /> Existing Indebtedness. The words"Existing Indebtedness" mean the indebtedness described in the Existing Liens
<br /> provision of this Deed of Trust.
<br /> Guaranty. The word"Guaranty"means 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, because of their quantity,
<br /> concentration 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 Substances"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 /> 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, 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 in this Deed of Trust.
<br /> Lender. The word "Lender" means Equitable Rank, its successors and assigns. The words "successors or
<br /> assigns"mean any person or company that acquires any interest in the Note,
<br /> Note. The word "Note" means the promissory note dated January 15, 2013, in the original principal
<br /> amount of $6,259.00 from Trustor to Lender,together with all renewals of,extensions of,modifications of,
<br /> refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
<br /> this Deed of Trust is February 3,2018.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other 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 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, 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 Indebtedness.
<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 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 THOMAS.Q.FULTON and SHARON K FULTON.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ'A'L1""T'HE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS.
<br /> TRUSTOR:
<br /> THOMAS A FULTON
<br /> `SHARON K FULTON -
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