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' 201403362
<br /> '�� D���7 OF TRU�T
<br /> (Continu��l) Page 7
<br /> enfrirCe the rest qf fhe provisions of this Deed of Trust even if a'�provision of this Deed of Trust may be found to be�'
<br /> invalid or unenforceable.
<br /> Successors and Assigns. Subject to any limitations stated in this Deed'of Trust'an transfer of Trustor's interest,'
<br /> this Deed af 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 nofice'to Trustor, may,'
<br /> deal with Trustor's successors with reference to this Deed of Trust and the IndebtedneSs,by way of forbearance or''
<br /> extension without releasing Trus#or from tMe obiigations'of this Deed af Trust or liability under the fndebfedness.
<br /> Time is of the Essence. Time is of the Isssence in the perFormance of this Deed of 7rust. '
<br /> i,�aive Jury. 'All parties to this Deed of Trust hereby waive the right to any jury t#rial in any action,proceeding, or
<br /> counterclaim braught'by any party against any Qther party.
<br /> Waiver of Hua�sYead' Exemption. Trustor hereby releases and waives'all rights and benefits of the homestead'
<br /> exemption laws of the S#ate of Nebraska as to alI 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 First National 6ank of Qmaha,and its'suecessors and assigns, '
<br /> Borrdwer. The word''Borrower" mearss Sfaei J Real ar�d Jason�D Reat and inclueles alt eo-signers antl co�=makers���'
<br /> signing the Note and all their successors and assigns.
<br /> Deed' af 7rust. The wards "Deed of Trust" mean this' Deed of Trust among Trustor, Lender, and Trustee, and'
<br /> includes without fimitation all'assignrrtent and security,interest, provisions reiating to th'e Personal Property artd'
<br /> Renls.
<br /> Environmentai Laws. The words "Environmental Laws" mean any and all state, federak antl local statutes, '
<br /> regulatians and ordinances relating to the pratection 'flf human health or the' environment, Pncluding ,without
<br /> limi#ation the Comprehensive Enuironmental Response, Compensation, antl Liability Act of 1980, las amended, 42 '
<br /> U.S.G. Section 9601,'et seq. ("CERCLA"), the'Superfund Amendments and Reauthorization Act of 1986,''Pub. L. '
<br /> No. 99-499 ("SARA")';the Hazardous Materials'Transportation Act,49 UlS.C.Section 1801, et seq.,the Resource'
<br /> Conservation'and Recavery Act, 42 U.S.G Section 690'1, et seq., or other applicable state ar federal laws, rufes>
<br /> or regulations``adoptetllpursuant thereta.
<br /> Event of Default. The words"Evar�t of''DefaulY`'mean any of the'events af default set forfh in ihis''Deed of'Trust in '
<br /> the events of default section of this Desd of Trusi
<br /> Existing Indebtedness.' The words "Existing Indebfedness".mea,l�th� indebtednessrdescribed in the Existi�g Liens '
<br /> provision of this Deed af Trust:
<br /> Guaranty. The word "Guaranty"means the guaranty from guarantor, endorser, surety, or'accammodation'parky to
<br /> Lender,inciuding without limitation a guaranty of a11 or part of the Note.,;, �
<br /> Hazardous Substances, The'words "Hazardous Substances" mean materials that, because of their q,uantity,
<br /> concentratiorr'or physical, chemicai or'infectious eharacferistics;may cause or pose a present or potenti�l hazard '
<br /> to human health or the environment when improperly used, treated, stored, disposed of, generated,manufactured,
<br /> transported or c�therwise handlsd. The words "Hazardous Substances°are used'in their very broadest sense and''
<br /> include without limitation any,'and ail hazardous or tc�xie substanCes, materials or waste as defined by or �isfed''
<br /> under the Environmental Laws:' The term "Hazardous Substances"also includes,without'limitation, petroleum and''
<br /> petroleum by-produets or any{raCtio�t thereof a�id asbestos.
<br /> lmprovements. The word °'Improvements" mEans all existing and future improvements, buildings, structures, '
<br /> mobife homes affixed o� the Real Property, iacilities, additions,,'replacements and other construction on the Real '
<br /> Property.
<br /> Indebtedness.' The word "Ind'ebtedness" means all principal, inYerest, land other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewafs of, lextensions af, madificativns Of, '
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended'or advanced by '
<br /> �ender to discharge 'Trustor's obligatic�ns or'expenses incurred by Trustee nr Lender to enforce Trustor's '
<br /> ob3igations under this deed of Trusf,together with interest on such amounts as provided in this Deed of Trust.
<br /> Lender. The'word °Lender° 'means First National Bank of Omaha, its successors and assigns. 7he wards '
<br /> "successors or assigns"rrrean any person or company fhat acquires any interest in the Note,
<br /> Note.' The word "Note" means the promissory'note datetl June 2, 2014, in the original principal amount '
<br /> 4f $�0,040.00 from Trustor fo Lender, together'with alI renewafs of, extensions af, mvdifications of, '
<br /> refinancings of, consolidations,'of, and substitutions for'the promissory note or agreement. The maturity'date of'
<br /> fhis Deed of Trust is May 30,2024.
<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 affix�d to the Real P'roperty; '
<br /> together with'ail accessions, parts, and additions to, all replacements of, and all substitutions €ar, any,of such ``
<br /> property; and' together with all proceeds (inclutling without limitatian'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.' Ths words "Real P�operty"mean the rea[ prc�perty, interests and rights, as further described in this '
<br /> Deed of Trust':
<br /> Related Documents. 'The words "Reiated Documents° mean all promissory notes, credit agreements, loan
<br /> agreements, enVironmental agreements, guaranties, security agreements, mortgages, deeds of trust, security '
<br /> tleeds, collateral martgages, and all other instruments,' agreements and documents, whether now or hereafter >
<br /> exlsting,executed in connection with the Indebtedness. '
<br /> Rents. The word °Rents" means all present and future rents,'re�enues, income, issues, royaities, profits, and '
<br /> other'benefits'derived from the'Propert}i.
<br /> ' Trustee. The'word "Trustee"'means First National Bank of Omaha, whose address is f'620 Dodge Street Stop
<br /> Code'3202, Omaha,NE 68i 97 and any substitute or successor trustees:
<br /> 7rustor. 7he ward "Trustor"means Jason D Real and Staci J Real.
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