|
201303967
<br /> DEED OF TRUST
<br /> Loan No:8'1002798 {Continued) Page 7
<br /> extension without releasing Trustor 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 arty 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 Stateof 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 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 JAMES CAMPLIN and JESSICA CAMPLIN 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"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, including without
<br /> limitation the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended,42
<br /> U.S.C.Section 9601, et seq. l"CERCLA"1,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,at seq.,the Resource
<br /> Conservation and Recovery Act,42 U.S.C.Section 6901,at 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 /> 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 Levi's. The term"Hazardous Substances"also Includes,without[Imitation,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 /> Specifically, without limitation, Indebtedness includes the future 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-Collateralizetion provision of this Deed of Trust.
<br /> Lender. The word.PLender"means Equitable Bank,its successors and assigns.
<br /> Note. The.word"Note".means the promissory note dated May 17,2013,in the original principal amount
<br /> of $65,799-.18--from Trustor to Lander, together with all renewals of, extensions of, modifications of,
<br /> refinancings of,consolidations of,and substitutions for the promissory note or agreement.
<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 JAMES CAMPLIN and JESSICA CAMPLIN.
<br /> EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
<br /> TRUSTOR AGREES TO ITS TERMS.
<br />
|