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201401177
<br /> DEED OF TRUST
<br /> Loan No: 810D4951 (Continued) Page 7
<br /> courts of Nall County, State of Nebraska.
<br /> Joint and Severaf Liabi[ity. A[I obligations of Borrower and Trustor under this Deed of Trust shall be joint and
<br /> several, and all references to Trustor shall mean each and every Trustor, and a[I references to Borrower shall mean
<br /> each and evsry 6orrower. This means that each Trustor signing below is respansib[e far all o6ligations in this Deed
<br /> of Trust.
<br /> [�o Waiver 6y Lender. Lender sha�l not be deemed to have waived any rights under#his Deed of Trvst unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the part of�ender in exercising any right
<br /> shall operate as a waiver of such righT or any other right. A waiver by Lender of a provision of this Desd af Trust
<br /> shall not prejudice or constitute a wai�er of Lender's right otherwise to demand stric# compliance with that
<br /> provision or any otE�er provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing
<br /> between Lender and Trustor, shall cohstitute a waiver of any of Lender's rights or of any of Trustor`s obligations
<br /> as to any future transacfsons. W[�enever the consent of Lender is required under this Deed of Trust, the granting
<br /> of svch consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br /> such consen#is required and in all casas such consent may be granted or withheld in the sole discretion of Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Dssd of Trust to be illegal, invalid, or
<br /> unenforceable as to any person or circumstance, that finding shall not malce the offending provision i[legal, in�alid,
<br /> or unenforceable as to any other person or circumstance. ]f feasible, the offending pravision shall be considered
<br /> modified so thet it becomes fegal, valid and enforceable. If the offending provision cannot be so modified, it shal[
<br /> be considered deleted from this Deed of Trust. Unless otherw9se required by law, the iflegality, inva[idity, or
<br /> unenforceability of any pro�ision of this l7eed of 7rust sha[I not affect the legality, validity or enforceability of any
<br /> other provision of this Deed of Trust.
<br /> 5uccessors and Assigns. Subject to any lirnitations stated in this �eed of Trus# on transfer of Trustor's interest,
<br /> this Deed of Trust shall 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, without notice to Trustor, may
<br /> deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of#orbearance or
<br /> extens'son without releasing Trustor from the obligations of this Deed of Trust or Eiability ur�der the IndebTedness.
<br /> Time is of the Essence. €ime is of the essence in the performance of this Deed of Trust.
<br /> Waive Jury. All parties ta this Deed of Trust here6y wai�e the right to any�ury trial in any action, proceeding, or
<br /> co�nterclaim brought hy any party against any other party.
<br /> Waiver of Homestead Exemption. Trustor [�ereby releases and waives al] rights and benefits of the [�omestead
<br /> exemprion [aws of the S#ate af fVebras[ca as to alf I�debtedness secured by this Deed af Trust.
<br /> DEFINITIONS. The following capitalized words ancf terms shall ha�e the follawing meanings w[�en used in this Deed of
<br /> Trust. Unless specifically stated to the contrary, all references ta dollar amounts shall mean amounts in 3awful money
<br /> of the United States of America. Words and terms used in Yhe singular sha[I include the plural, and the p[ural shall
<br /> include the singular, as the context may require. Wards and terms not otherw9se defined in this Deed of Trust shal[
<br /> have the meanings attributed to such terms in the I�niform Commercia] Code:
<br /> Benef�ciary. 7he word "Beneficiary" means Equitab[e Bank, and its successors and assigns.
<br /> Sorrower. T..he wor� "Borrower" means ROBERT POMMIER and includes all co-signers and co-mafcers signing the
<br /> Note and all their successors and assigns.
<br /> Peed of 'Crust. The words "Deed of Trust" rr�ean this �eed of Trust among Trustor, Lender, and Trustee, and
<br /> inc€udes without limitation all assignment and security interest provisions relating #o the Personal Property and
<br /> Re nts.
<br /> �efault. The word "Defauit" means the Default set forth in this Deed of Trust in the section tit[ed "Defauft".
<br /> Environmental Laws. The words "Environmenta[ Laws" mean any arod afl state, federa] and local statutes,
<br /> regulations and ordinances relating to the protectfon af human health or the environment, including witF�aut
<br /> lienitation the Comprehensive �nvironmentel Response, Corrspensation, and Liability Act of 1980, as amended, 42
<br /> U.S.C. Section 9601, e# seq. {"CERCLA"►, the 5uperfund Amendments and Reauthorization Act af 1986, Pub. L.
<br /> f�o. 99-499 i"SARA"),the Hazardous Materials Transporta#ion Act, 49 U.S.C. Section 1801, et seq.,the Resource
<br /> Conservation and Recovery Act, 42 U.S.C. Section 6907, et seq., or othar applicable state or federai 1aws, rules,
<br /> or regulations adoptad pursuant thereto.
<br /> Event of Defa�lt. The words "Event of Default" mean any of t[�e events of default sst forth in Yhis Deed of Trust in
<br /> the events of default section of this Deed of Trust.
<br /> Guaranty. The word "Guaranty" means the guarar�ty frorr� guarantor, endorser, sure#y, or accommodation party to
<br /> Lender, incfuding without[imitation 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 ar po#entiaf hazard
<br /> to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
<br /> transported or atherwise ha�dfed. The words "Hazardous 5ubstances" are used in their�ery broadest sense and
<br /> inclvde without limitation any and a11 hazardous or toxic su6stances, materiafs or waste as defined by or [isted
<br /> under the Envirpnmental Laws. The Lerm "Hazardous Substancas" afso includes, wit[�out[imitation, petrolsum and
<br /> petroleum by-products or any fraction thereof a�d asbestos.
<br /> ]mprovements. The word "impro�ements" means all existing and feature impro�ements, 6ui[dings, structures,
<br /> mobile homes affixed on the Real Property, faciliEies, additions, replacements and ather construction on the Real
<br /> Property.
<br /> lndebtedness. �[�e worc[ "lndebtedness" rr�eans all principal, intarest, and other amounts, costs and expenses
<br /> payab[e under the Note or Related 17ocuments, together with all renewals of, extensions of, modifications of,
<br /> consofidations of and substitutions for the Note or Re[ated Documents and any amounts expended or advancad by
<br /> Lender to discharge Trustor's obligations or expenses incurred 6y Trustee ar Lender to enforce Trustor's
<br /> o6ligations under this Deed o�F Trust, together with interest on such amounts as provided in this Deed of Trust.
<br /> Specifically, without lirrtitation, fndabtedness indudes the f�ture advances set forth in the Future Advances
<br /> provision, togeYher with all interest thereon and al[ amounts that may be indirectEy secured by the
<br /> Cross-Collateralization provision ofi this Deed of Trust.
<br /> Lender. Tha word "Lender" means Equitable Bank, its�uccessors and assigns.
<br /> Note. The word "Note" means the promissory nate dated February 28, 2014, In the oreginal principal
<br /> amount of $70'i,910.75 from Borrawer to Lender, together with all renewa[s o�, extensions o�F, modifications
<br /> of, refinancings of, consolidatians of, and substitutions for the promissory note or agreement.
<br /> Personai Property. 7he words "Personal Properry" mean all equipment, fixtures, and other articles of persona]
<br /> property now or hereafter owned by Trustor, and now ar hereafter attached or affixed to the Real Property;
<br /> together with a[I accessions, parts, and additions to, all replecements of, and al1 substitutians for, any of such
<br /> property; and together with afl proceeds {including without [imitation alt insurance proceeds and refunds of
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