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201400238
<br /> D�E� OF TRUST
<br /> Loan No: 81004638 (Con#Inued) Page 7
<br /> of Trust. Where any one or more of the parties is a corparation, partnership, limited liability company or similar
<br /> enti'ry, it is nat necessary far Lender to inquire into the powers of eny of the officars, directors, partners, members,
<br /> or other agents acting or purporting to act on the entity's behaff, and any abligations made or created ir� reliance
<br /> upon the professed axercise of such powers s[�all be guaranteed under this �ead of TrusT.
<br /> Ho Waiver by Lender. Lender shall not be deemed ta have waived any rights under this Deed o�Trust unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waives of suc[� right or any oiher right. A waiver 6y Lender of a provisian o�F this Deed af Trust
<br /> shall not prejudice or constitute a waiver of Lendar's right otherwise to demand strict compliance with that
<br /> provision or any other prpvision of this Deed o� Trust. f�[o prior waiver by Lender, �or any course of dea[ing
<br /> between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations
<br /> as to any future transactions. Whenever the consent of Lender is required �nder this �eed of Trust, the granting
<br /> of such cansent by Lender in any instance shal[ not constitute continuing consent to subsequent ins#ances where
<br /> such consent is required�nd in all cases such consent may be granted ar withhefd in the sole discretion af Lender.
<br /> Severability. If a court of competent jurisdiction finds any �rovision of this Deed of 7rusi to be illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shal] not make the offending provision i][egal, Invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br /> that it becomes ]egal, velid and enforceable. ]f the offending provision cannot be so modifisd, it shall be
<br /> considered deleted frorr: this Deed of Trust. llnless otherwise required by law, the iqegality, invalidi#y, or
<br /> unenforceability of any provision of this i]eed of Trust shal[ not affect the legality, validi#y or enforceabi[ity of any
<br /> other provision of this Deed of Trust.
<br /> Saccessors and Assigns. Subject to any [imitations stated in th9s Deed of Trust on transfer of Trustor's interest,
<br /> this Deed of Trust si�all be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Trustor, Lender, witho�t notice to Trustor, may
<br /> deal with Tre�stor's successors with reference to this Deed of`t"rust anc3 the [ndebtedness by way of farbearance or
<br /> extension without releasing Trustor from the ob[igations of this Daed af Trust or IiabiEity under the Indebtedness.
<br /> Time is af the Essence. Time is of the essence in the performance of this Deed of Trust.
<br /> Wai�e Jury. All parties to tf�is Deed of Trust hereby waive the right to any j�ry triaf in any action, proceeding, or
<br /> counterclaim brought by any party against any other parY}r.
<br /> Waiver of Homestead Ejcemp#ion. Trustor hereby releases and waives a31 rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all [ndebtedness secured by this �eed of Trust.
<br /> E]EFINITIONS. The following capitalized words and terms shall have the folEowing meanings when used in this Deed o'f
<br /> Trust. Unless specifically steted to the contrary, al[ references to dollar amounts shall mean amounts in [awful money
<br /> of the t]nited.5t,�s,of�M,America. Words and terms used in the singular shall include the plural, and #he plural shall
<br /> include the singular, �s,thea.�gnt�xt;�ma�y:�equire. Words and terms not o#herwise defined in this Deed of Trust sha[I
<br /> have the meanings at�ributecF.;t���uc��te�rns in the Uniform Commercial Code:
<br /> Beneficiary.�The'wo'rd"Bene�ieiary" means Equitable Sank, and its successors and assigns.
<br /> Borrowar. The word "Borrower" means D & A IHVESTMENTS, L.I..C.; RICHAR� H BAASCH;�and ARLENE M
<br /> BAASCH and includes all co-signers and co-makers signing the Note and ail their successors and assigns.
<br /> E]eed of 7rust. The words "�eed of Trust" mean this Desd of Trust among Trustor, Ler�der, and Trustee, and
<br /> includes without ]imitation al[ assignment and security interest provis9ons reEating to the Personal Property and
<br /> Rents.
<br /> Default. The word "Default" means the Default set forth in this Deed of 7rust in t[�e section titlsd "Defauft".
<br /> Environmental Laws. The words "Environmental Laws" mean any and all state, #ederal and local statutes,
<br /> regulations and ordinances relating to the proteciion of human healtf� or the en�ironment, including without
<br /> limitation the Comprehensive Environmental Response, Compensation, and Liabi[ity Act of 1980, as amended, 42
<br /> U.S.C. Section 9801, et seq. i"CERCLA"], the Superfund /amenciments and Reauthorization Act of 1986, Pub. L.
<br /> No. 99-499 ["SARA"),the Hazardous Materials Transportation Act,4-9 U.S.C. Section 1801, et seq.,tf�e Resource
<br /> ConservaTion and Recavery Act, 42 U.S.C. Sec'tion 6907, et seq., or other applicable state or federa! ]aws, rules,
<br /> or regulations adopted pursuant thereto.
<br /> Event of Default. 3he words "Event of Default" mean any of the events of cEefault set forth in this Deed of Trust in
<br /> the events of default section of this Deed of Tre�st.
<br /> Goaranty. The word "Guaranty" rr�eans the guaranty from guarantor, endorser, surety, or accomrreodation party to
<br /> Lender, including witf�out limitation a guaranty of all or part of the Nate.
<br /> Hazardoras Substances. The words "Nazardous Su6stances" mean rrtaterials 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 af, generated, manufactured,
<br /> transported or otherwise hand[ed. The words "Hazardous 5ubsiances" are used in t[�eir very broadest sense and
<br /> 9nclude without limitation any and a!I hazardous or toxic substances, materia[s or waste as defined by or ]isted
<br /> under the Environmental Laws. The term "Hazardous Substastces" a�so includes, witf�out Eimitation, petro[eum and
<br /> peYro[eum by-products or any frac#ion thereof and asbestos.
<br /> lmpro�ements. The word "[mpro�ements" means all existing and future improvements, buildings, structures,
<br /> mobile homes affixed on the Real Property, facilities, edditions, replacements and other canstruction on the ftea[
<br /> Property.
<br /> indebtedness. �[�e word "Indebtedness" means all principal, in�erest, and other a�nounts, costs and expenses
<br /> payab[e under the Note or Related Documents, together with all re�ewals of, eactensians of, modifications of,
<br /> conso[idations of and su6stitutions far the Note or Related Documents and any amounts expended or advar�ced by
<br /> Lender to discharge Trustor's obligations or expenses incurred 6y Trustee or Lender to enforce TrusYor's
<br /> obligations under this Deed of Trust, together with interest on such amaunts as provided in this Deed of Trust.
<br /> Specifically, withovt lirnitatian, [ndebtedness includes ihe future advances set forth in the Future Advances
<br /> pravision, together with afl interest thereon and al[ amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Deet[of Trust.
<br /> Lender. The word "Lender" means Eqvitable Bank, its successors and assigns.
<br /> Note. The word "Note" means the promissory �ote dated January 10, 2d14, In t�e original principal
<br /> amount of $49,953.77 from Sorrower to Lender, togeiher witf� all renewals of, extensions of, modifications
<br /> of, refinancings of, consolidations of, and substitutions€or the promissory note or agreement.
<br /> Personal Property. The words "Personaf Property" mean a[I equipment, fixtures, and other articles of personal
<br /> property now or hereafier owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br /> together with alf accessions, parts, and addi#ions to, all repfacements of, and all substitutions for, any o€ sucf�
<br /> property; and together with al[ proceeds (including without ]imitation all insurance proceeds and refunds of
<br /> premiumsl from any sale or other disposition of the Property.
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